Judge: Steven A. Ellis, Case: BC709284, Date: 2023-10-25 Tentative Ruling

Case Number: BC709284    Hearing Date: February 28, 2024    Dept: 29

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

Tentative

The motion is granted.

Background

On November 6, 2023, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this motion to set aside dismissal and enter judgment against Defendant Erin Lisenbee (“Defendant”). No opposition has been filed.

On March 7, 2022, Plaintiff and Defendant entered into a written stipulation for the entry of judgment, which would be discharged upon the payment of $12,181.94. (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 March 7, 2022, Plaintiff and Defendant entered into a written stipulation for the entry of judgment, which would be discharged upon the payment of $12,181.94. (Exh. A.)

Defendant was to pay $700.00 a month; Defendant’s insurance carrier made a one-time payment of $9,181.94. (Reese Decl., ¶¶ 4 & 5; Exh. C.) A default letter was sent to Defendant on June 19, 2023, no payment was made within 14 days. (Id., ¶¶ 6& 7.)

The Stipulation Agreement appears to have been executed, with signatures from the two parties. (Exhibit A.) As such, there is a valid agreement.

On June 27, 20222, 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 September 9, 2022. (Exh. B.) Therefore, the Court has jurisdiction to enforce this Stipulation Agreement.

Plaintiff contends Defendant failed to make payments and that the balance due is $2,800.00. (Reese Decl., ¶ 8.) This amount includes filing fee, service fee, and motion fee. (Id.)

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 $2,800.00.

Moving Party is ORDERED to give notice.