Judge: Serena R. Murillo, Case: 20STCV12472, Date: 2022-12-09 Tentative Ruling

Case Number: 20STCV12472    Hearing Date: December 9, 2022    Dept: 29

TENTATIVE

Plaintiff’s motion to set aside dismissal and enter judgment is GRANTED. 

Judgment is entered in favor of Plaintiff and against Defendant Richard Mandujano in the amount of $24,647.22. 

Legal Standard

CCP section 664.6 provides that “[i]f 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.”  (Code Civ. Proc., § 664.6.) 

Discussion  

Plaintiff seeks a court order setting aside the dismissal and entering judgment against Defendant Richard Mandujano pursuant to CCP section 664.6. 

A.               Retention of Jurisdiction 

“‘[V]oluntary dismissal of an action or special proceeding terminates the court’s jurisdiction over the matter.’”  (Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917 [quoting In re Conservatorship of Martha P. (2004) 117 Cal.App.4th 857, 967) (alteration in original).)  “‘If requested by the parties,’ however, ‘the [trial] court may retain jurisdiction over the parties to enforce [a] settlement until performance in full of the terms of the settlement.’”  (Id. (quoting CCP section 664.6) (emphasis in original).)  “‘Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.’”  (Id. (quoting Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37).) 

“A request for the trial court to retain jurisdiction under section 664.6 ‘must conform to the same three requirements which the Legislature and the courts have deemed necessary for section 664.6 enforcement of the settlement itself: the request must be made (1) during the pendency of the case, not after the case has been dismissed in its entirety, (2) by the parties themselves, and (3) either in a writing signed by the parties or orally before the court.’”  (Id. (quoting Wackeen v. Malis (2002) 97 Cal.App.4th 429, 440).)  “The ‘request must be express, not implied from other language, and it must be clear and unambiguous.’”  (Id. (quoting Wackeen, supra, 97 Cal.App.4th at 440).) 

Here, the parties filed a Stipulation for Entry of Judgment (“Stipulation”) containing the parties’ agreement for the court to retain jurisdiction pursuant to CCP section 664.6 to enforce the terms of the Stipulation and enter judgment in the event of default.  (Motion, Pillemer Decl., ¶ 3, Ex. 1, Stipulation for Entry of Judgment (“Stipulation”), ¶ 9.)  The Stipulation was signed by the parties and submitted to the Court along with an order for dismissal and court retaining jurisdiction pursuant to CCP section 664.6 prior to dismissal of this case.  The Court entered the order for dismissal and court retaining jurisdiction pursuant to CCP section 664.6 on February 8, 2022.  As the Stipulation complies with CCP section 664.6 requirements, the Court has retained jurisdiction to enter judgment pursuant to the parties’ Stipulation in this action. 

B.               Entry of Judgment 

Plaintiff and Defendant entered into the Stipulation in July 2021.  (Motion, Pillemer Decl., ¶ 3, Ex. 1.)  Pursuant to the Stipulation, Defendant would pay Plaintiff a total of $18,213.56 as follows: $8,213.53 to be paid by Defendant’s insurance carrier and $10,000 to be paid by Defendant, by paying the sum of $100.00 upon execution of the Stipulation, and no later than June 15, 2021, and to thereafter pay 99 payments of $100.00 per month, with each payment being due consecutively, on the 15th of each month thereafter, until paid in full.  (Id., Ex. 1, Stipulation, ¶ 3.)  The Stipulation provides that “Should MANDUJANO be in default…Judgment shall be entered in the amount of $25,849.11 plus interest on that amount, at the legal rate, from 03/15/19, plus costs and attorney's fees incurred by the plaintiff in enforcing this Stipulation, less any payments that have been made by or on behalf of the defendant to the plaintiff, as of that date.”  (Id., Ex. 1, Stipulation, ¶ 6.)  Paragraph 1 of the Stipulation indicates Plaintiff is to recover from Defendant the sum of $25,849.11.  (Id., Ex. 1, Stipulation, ¶ 1.)  Pursuant to paragraph 6 of the Stipulation, Defendant is permitted a ten day grace period for payment of any installment due.  (Id., Ex. 1, Stipulation, ¶ 6.)  Further, “Plaintiff shall give written notice to Defendant of his default; and, Defendant shall then be allowed an additional ten days from the date of said written notice to cure that particular default.”  (Id.)  Should Defendant fail to cure the default, Plaintiff shall be permitted to request entry of judgment as set forth hereinabove.  (Id.)  

Defendant’s insurance carrier paid Plaintiff the sum of $8,213.53.  (Motion, Pellemer Decl., ¶ 6.)  Plaintiff’s counsel sent a notice of default to Defendant on or about November 23, 2021.  (Id., ¶ 5; Ex. 2.)  Defendant has failed to pay any money.  (Id., ¶ 4.) 

Plaintiff seeks entry of judgment against Defendant in a total amount of $24,647.22, calculated as follows: 

The principal amount: $25,849.11

Interest at 7% per year from March 15, 2019 to November 8, 2022 for a total of 1334 days at $4.96 a day, based on the total amount owed of $25,849.11:   $6,616.64

Costs and attorneys' fees to date in enforcing this Stipulation: 1.5 hours at counsel’s customary rate of $250.00 per hour for the preparation of this Application: $375

Court fees: $20

Less payments made by or on behalf of Mandujano to Plaintiff: $8,213.53

Total: $24,647.22

As Defendant has defaulted, Plaintiff is entitled to entry of such judgment under the Stipulation. 

Conclusion

For the foregoing reasons, Plaintiff’s motion to set aside dismissal and enter judgment is GRANTED. 

Judgment is entered in favor of Plaintiff and against Defendant Richard Mandujano in the amount of $24,647.22. 

Moving party is ordered to give notice.