Judge Steven A. Ellis, Case Number: 20STCV00942, Date: 2023-09-12 Tentative Ruling

Judge: Steven A. Ellis, Case: 20STCV00942, Date: 2023-09-12 Tentative Ruling

Case Number: 20STCV00942 Hearing Date: September 12, 2023 Dept: 29

TENTATIVE

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Set Aside the Dismissal and for Entry of Default Judgment is GRANTED in the amount of 21,846,57.

Legal Standard

As a general matter, “‘[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, 867) (alteration in original).) “‘[I[t is a well-settled proposition of law that where the plaintiff has filed a voluntary dismissal of an action . . ., the court is without jurisdiction to act further [citations], and any subsequent orders of the court are simply void. [Citation.]” (Paniagua v. Orange County Fire Authority (2007) 149 Cal.App.4th 83, 89 (quoting Gherman v. Colburn (1971) 18 Cal.App.3d 1046, 1050) (alterations in original).)

However, “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(a).

Discussion

Here, Plaintiff State Farm Mutual Automobile Insurance Company moves to set aside dismissal and enter default judgment against Defendant Anthony Jacobs Corrales. Plaintiff states that on or about August 28, 2020, the parties entered into a written stipulation for entry of judgment. (Declaration of Susan M. Benson at p. 4, ¶ 3.) The case was voluntarily dismissed pursuant to the stipulation on October 22, 2020. Thus, Plaintiff’s actions would have terminated the court’s jurisdiction over the matter.

But the parties agreed in the stipulation for entry of judgment that the Court would retain jurisdiction pursuant to Code Civ. Proc., § 664.6. (Stipulation for Entry of Judgment at p. 4, ¶ 11.) Furthermore, the Court entered an Order of Dismissal on October 22, 2020 pursuant to Code Civ. Proc., § 664.6(a). As such, the Court has retained jurisdiction over the parties to enforce the settlement until performance of all terms has been completed.

Plaintiff presents the Declaration of Susan M. Benson, its counsel of record. Counsel avers that Defendant agreed to have judgment entered in Plaintiff’s favor in the sum of $28,752.92. (Declaration of Susan M. Benson at ¶ 3.) This obligation would be discharged if Defendant paid $24,452.33 with Defendant’s insurance carrier paying $5,000 of that total amount and Defendant paying the remaining balance in monthly installments. (Id.) Counsel states that Defendant paid a total of $7,430.00 including the $5,000 from Defendant’s insurance carrier with the last payment received on December 22, 2022. (Id. at ¶ 4.) Counsel avers that the remaining balance due is $11,572.33. (Id.) Counsel further states that a default payment letter was sent to Defendant on March 10, 2023. (Id. at ¶ 5.) Finally, Counsel states that the full judgment amount of $28,752.33 has become due as set forth in the paragraph 1 of the stipulation for entry of judgment. (Id. at ¶ 7; see also Stipulation for Entry Judgment at p. 1, ¶ 1 and p. 3, ¶ 5.) As a result, counsel requests the Court enter judgment against Defendant in the amount of $21,846,57, which includes the principal amount of $21,322.92, motion filing fee of $72.00, and lawsuit filing fee of $451.65.

Therefore, the Court finds that an order setting aside the dismissal and entering default judgment is warranted under the law. Plaintiff provided sufficient evidence that (1) the parties signed a written stipulation for entry of judgment settling this case, (2) the parties requested that the Court retain jurisdiction pursuant to Code Civ. Proc., § 664.6(a), (3) the Court did retain jurisdiction of this instant case under Code Civ. Proc., § 664.6(a), and Defendant has breached the terms of the stipulation.

Conclusion

Accordingly, Plaintiff’s Motion to Set Aside the Dismissal and for Entry of Default Judgment is GRANTED.

Moving party is ordered to give notice.