Judge: Steven A. Ellis, Case: 20STCV40068, Date: 2024-11-14 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: 20STCV40068    Hearing Date: November 14, 2024    Dept: 29

State Farm v. Guardado
20STCV40068
Motion to Set Aside Dismissal and Enter Judgment

Tentative

The motion is granted.

Background

On October 19, 2020, State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Ana Janet Guardado (“Defendant”) and Does I through V for damages in the amount of $34,781.76 arising out of an automobile accident between Plaintiff’s insured and Defendant on January 30, 2020.

On March 2, 2021, Defendant filed an answer.

The parties entered into a settlement agreement.  The Court dismissed the case on September 21, 2022 and retained jurisdiction pursuant to Code of Civil Procedure section 664.6.

On September 18, 2024, Plaintiff filed this motion to set aside the dismissal and enter judgment on Defendant in accordance with Code of Civil Procedure section 664.6. No opposition has been filed.

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.  (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)

 “If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement.” (Code Civ. Proc., § 664.6, subd. (a).) 

Discussion

On April 7, 2022, Plaintiff and Defendant entered into a written stipulation for the entry of judgment for $34,781.76, which would be discharged upon the payment of $32,000. (Benson Decl., ¶ 4; see also Exh. A.) An initial payment of $25,000 was to be made by Allstate Insurance, followed by monthly payments of $75 until the remaining $7,000.00 was paid. (Exh. 1, ¶ 2.)

On September 21, 2022, the stipulation was filed and signed by the Court; the Court reserved jurisdiction to enforce the stipulation.

Defendant’s insurance carrier made a onetime $25,000 payment, and Defendant paid $1,709 in the monthly payments. (Benson Decl., ¶ 5.) Defendant still owes $8,147.76 (which includes filing fee). (Id., ¶ 9.)

The Court finds Plaintiff has established that there was a valid agreement between the parties, that the Court retains jurisdiction, and that there is good cause to set aside the dismissal and enter judgment against Defendant Ana Janet Guardado pursuant to the written settlement agreement of the parties.

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

Conclusion

The Court GRANTS the motion to set aside the dismissal. Judgment is entered against Ana Janet Guardado for $8,147.76.

Moving Party is ORDERED to give notice.