Judge: Michael J. Strickroth, Case: 2020-01169680, Date: 2022-07-25 Tentative Ruling

Motion to Enforce Settlement

Plaintiff State Farm Mutual Automobile Ins. Co.’s motion to enforce settlement and enter judgment against Defendant Jesus Jovany Guerrero is GRANTED.

“If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.

If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Code Civ. Proc., § 664.6.

Plaintiff has demonstrated Defendant is in breach of the settlement agreement by failing to make the payments as agreed. Per the agreement, Defendant’s default permits Plaintiff to seek entry of judgment in the original amount Plaintiff sought, $27,013.65, plus interest, cost of suit, and reasonable attorney’s fees, less any payments made by Defendant and his insurance carrier. Plaintiff states Defendant and his insurance carrier have paid $8,600, and seeks judgment in the amount of $22,111.42, which comprises of the principal amount of $27,013.65, plus interest of $1,341.62 (7% per annum since the default date of April 30, 2021), costs of $595.75, and attorney’s fees of $1,760.40, less the payments received. Defendant did not file an opposition. Therefore, Plaintiff’s UNOPPOSED motion to enforce settlement and enter judgment against Defendant is GRANTED.

Plaintiff to give notice of ruling and submit a Proposed Judgment consistent with the above ruling.

An Order to Show Cause hearing re: Submission of a Proposed Judgment is set for 9/26/2022 at 8:30 AM in C15. 

If a proposed judgment is timely submitted in advance of the hearing, appearance will not be required and the Order to Show Cause hearing will be taken off calendar.