Judge: Steven A. Ellis, Case: 19STCV26276, Date: 2023-08-25 Tentative Ruling

Case Number: 19STCV26276    Hearing Date: August 25, 2023    Dept: 29

TENTATIVE

Plaintiff’s Motion to Set Aside the Dismissal and Enter Judgment is GRANTED. 

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 Erwin Cesar Inga Casas (“Defendant”) 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).) 

On June 6, 2022, the Parties filed a dismissal of the case, which stated that the Court retained jurisdiction to enforce the terms of the settlement agreement pursuant to Section 664.6.  The Clerk entered the dismissal as requested on June 17, 2022.  The request for dismissal was signed by the Parties and entered by the Court’s clerk as requested by the Parties.  The request for dismissal complies with the Section 664.6 requirements, and the Court retained jurisdiction to enter judgment pursuant to the parties’ settlement agreement. 

B.      Entry of Judgment 

The Parties executed a settlement agreement on February 24, 2022.  (Trabish Decl., Exh. A.)  The settlement agreement provided, in relevant part, that Defendant and his insurance carrier could satisfy their judgment of 113,329.48 by each paying $5,000 to Plaintiff, for a total of $10,000, in monthly payments of $100, commencing on March 15, 2022, until the total amount has been paid without default.  (Id.)  The settlement agreement further provides that in the event of a default Defendant would be required to pay the balance of $113,329.48.  (Id.)  From March 22, 2022 to September 23, 2022, Defendant paid $600 to Plaintiff, and Defendant’s insurance carrier paid $5,000.  (Id. at ¶¶ 5-6.)  Defendant defaulted on his September 2022 payment, and failed to make any payments thereafter, despite Plaintiff’s correspondence to Defendant to cure the default.  (Id. at ¶¶ 6-10.)

Plaintiff seeks entry of judgment against Defendant in a total amount of $107,729.48 ($113,329.48-$5,5600), which is the total amount of the judgment minus the amounts paid by Defendant and his insurance carrier.

In light of Defendant’s default, Plaintiff is entitled to entry of judgment pursuant to the terms of the settlement agreement.

Thus, Plaintiff’s Motion to Set Aside the Dismissal and Enter Judgment is GRANTED. 

Conclusion

Plaintiff’s Motion to Set Aside the Dismissal and Enter Judgment is GRANTED. 

Moving party is ordered to give notice.