Judge Steven A. Ellis, Case Number: 19STCV17166, Date: 2024-05-13 Tentative Ruling

Judge: Steven A. Ellis, Case: 19STCV17166, Date: 2024-05-13 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)
IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.
ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 19STCV17166 Hearing Date: May 13, 2024 Dept: 29

Motion to Vacate Dismissal and Enter Judgment, filed by Plaintiff State Farm Mutual Automobile Insurance Company.

Tentative

The motion is granted.

Background

On May 17, 2019, State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Vardon Joshua Guererro (“Defendant”) for subrogation.

On January 29, 2024, Plaintiff this motion to vacate dismissal and enter judgment against Defendant. No opposition has been filed.

On December 30, 2022, Plaintiff and Defendant entered into a written stipulation for the entry of judgment, which would be discharged upon the payment of $14,000. (Exh. A.)

Legal Standard

Code of Civil Procedure 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.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered into a valid and binding settlement. To do so, the court may receive oral testimony in addition to declarations. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)

“[W]here the plaintiff has filed a voluntary dismissal of an action …, the court is without jurisdiction to act further …, and any subsequent orders of the court are simply void.” (Paniagua v. Orange County Fire Auth. (2007) 149 Cal.App.4th 83, 89, (internal quotes omitted).) The result is different where a signed, written settlement agreement (or oral settlement before the court) states the court retains jurisdiction to enforce the settlement because that agreement could be enforced under C.C.P. § 664.6. (See Wackeen v. Malis (2002) 97 Cal.App.4th 429, 439-440; Khavarian Enterprises, Inc. v. Commline, Inc. (2013) 216 Cal.App.4th 310, 326—court had continuing jurisdiction to consider attorney fees and costs motions after dismissal where settlement agreement provided court retained jurisdiction to enforce agreement pursuant to CCP § 664.6.))

C.C.P. § 664.6(a) states: “If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement.” Counsel may sign the request on behalf of their clients (C.C.P. § 664.6(b)(2) (added eff. 1/1/21)). The request should be made while the court still has jurisdiction. (Wackeen v. Malis, supra, 97 CA4th at 433; see Sayta v. Chu (2017) 17 Cal.App.5th 960, 962.)

Discussion

On December 30, 2022, Plaintiff and Defendant entered into a written stipulation for the entry of judgment, which would be discharged upon the payment of $14,000. (Exh. A.) An initial payment of $5,000 was to be made by Coast National Insurance, followed by a one-time payment of $2,700 from Defendant, followed by 42 monthly payments of $150 by Defendant. (Id.)

The Stipulation Agreement was signed by the parties. (Exhibit A.)

On January 13, 2023, the stipulation was filed with the Court to allow the Court jurisdiction to enforce the stipulation. (Exhibit A, ¶ 3.) The Order for Dismissal and Court Retaining Jurisdiction was signed on January 13, 2023. Therefore, the Court has jurisdiction to enforce this Stipulation Agreement.

Plaintiff contends Defendant made $3,000 in payments, and then stopped. (Reese Decl., ¶ 5.) Defendant owes $6,500, which includes filing fee, service fee, and motion fee. (Id, ¶ 8.)

The Court finds Plaintiff has established that there was a valid agreement between the parties, that the Court retains jurisdiction, and that there is a need to set aside the dismissal and enter judgment against Defendant.

Therefore, the Court GRANTS the motion to set aside the dismissal and enter judgment against Defendant.

Conclusion

The Court GRANTS the motion to set aside the dismissal. Judgment is entered against Defendant for $6,500.00.

Moving Party is ORDERED to give notice.