Judge: Robert B. Broadbelt, Case: 20STCV32179, Date: 2022-12-13 Tentative Ruling

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Case Number: 20STCV32179    Hearing Date: December 13, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Benchmark Insurance Company

RESPONDING PARTY:       Unopposed

Motion for Order Setting Aside Dismissal and Entering Judgment

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Plaintiff Benchmark Insurance Company (“Plaintiff”) filed this action on August 24, 2020, against defendant Nelson Alcides Bardales dba Four Seasons Roofing (“Defendant”).

On December 7, 2021, the parties filed a “Stipulation of All Parties to Dismiss Action without Prejudice with the Court Retaining Jurisdiction to Enforce the Settlement Pursuant to Cal. Civ. Proc. Code § 664.6.”  The stipulation states that the parties entered into a written stipulation for entry of judgment, requiring Defendant to make monthly payments to Plaintiff over a period of 12 months.  (Stipulation to Dismiss, § A.)  The parties agreed that, during Defendant’s performance of the settlement terms, this action would be dismissed without prejudice.  (Stipulation to Dismiss, § B.)  On December 8, 2021, the court entered an “Order Dismissing Action without Prejudice with the Court Retaining Jurisdiction Pursuant to Cal. Civ. Proc. Code § 664.6,” ordering that this action was dismissed without prejudice to the court enforcing the terms of the parties’ settlement pursuant to section 664.6.

Plaintiff now moves the court for an order (1) setting aside the dismissal ordered by the court on December 8, 2021, and (2) entering judgment pursuant to the parties’ stipulation.

The court grants Plaintiff’s motion for order setting aside dismissal and entering judgment.

Code of Civil Procedure section 664.6 provides:  “If parties to pending litigation stipulate, in a writing signed by the parties outside 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.”  This provision “provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement.”  (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.)  “If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.”  (Ibid.)

Plaintiff submits a copy of the parties’ Stipulation re: Entry of Judgment (the “Stipulation”).  The Stipulation was entered into by and between Plaintiff, on the one hand, and Defendant, on the other hand, on December 6, 2021.  (Gaba, Jr., Decl., Ex. 1, Stipulation.)  The parties agreed that judgment shall be entered in favor of Plaintiff and against Defendant in the total amount of $36,407.58, consisting of $28,480.98 in principal, $7,261.80 in interest, and $664.80 in costs.  (Gaba, Jr. Decl., Ex. 1, Stipulation, ¶ 1.)  The Stipulation further provides that (1) if any payment is not timely made, Plaintiff shall be entitled to file the Stipulation with the court and request a judgment thereon; (2) a declaration from an attorney from Gaba Guerrini Law Corporation will be sufficient to establish the date of default and the amount of money paid; and (3) the parties agree that the court shall retain jurisdiction pursuant to Code of Civil Procedure section 664.6 “over this matter and over each of the Parties in order that the terms of this Stipulation may be enforced.”  (Gaba, Jr. Decl., Ex. 1, Stipulation, ¶¶ 6-7, 9.)  Plaintiff’s Counsel states that “Defendant has defaulted under the terms of the Stipulation by failing to make the scheduled payment thereon in the sum of $416.63 per month.”  (Gaba, Jr. Decl., ¶ 5.) 

The court finds that Plaintiff has presented evidence establishing that the parties stipulated, in a writing signed by both Plaintiff and Defendant outside of the presence of the court, for the settlement of this action.  (Code Civ. Proc., § 664.6; Gaba, Jr. Decl., Ex. 1, Stipulation, p. 4.)  Defendant has not filed an opposition presenting evidence or argument establishing that the Stipulation is not enforceable or is otherwise invalid. 

Upon consideration of the evidence submitted by Plaintiff, the court finds that the parties entered into an enforceable settlement and that Defendant has defaulted under the terms of the parties’ settlement agreement.  The court therefore grants Plaintiff’s request to enter a judgment in its favor pursuant to the terms of the Stipulation.  (Code Civ. Proc., § 664.6; Hines, supra, 167 Cal.App.4th at p. 1182.)

ORDER

            The court grants plaintiff Benchmark Insurance Company’s motion for order setting aside dismissal and entering judgment.

            The court vacates the December 8, 2021 order dismissing this action.

            The court orders that judgment shall be entered in favor of plaintiff Benchmark Insurance Company and against defendant Nelson Alcides Bardales dba Four Seasons Roofing in the amount of $36,407.58, consisting of $28,480.98 in principal, $7,261.80 in interest, and $664.80 in costs.    

            The court orders plaintiff Benchmark Insurance Company to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 13, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court