Judge: Steven A. Ellis, Case: BC724330, Date: 2025-01-08 Tentative Ruling

Case Number: BC724330    Hearing Date: January 8, 2025    Dept: 29

State Farm Mutual Automobile Insurance Company v. Ellazar
BC724330
Motion to Set Aside Dismissal and Enter Judgment.

Tentative

The motion is GRANTED.

Background

On October 4, 2018, State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Rumedezar M. Ellazar (“Defendant”).

On March 3, 2019, Defendant filed an answer.

A stipulation for dismissal pursuant to Code of Civil Procedure section 664.6 was filed on October 12, 2021. The matter was dismissed on February 8, 2022.

On November 6, 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:

“If 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, subd. (a); see also Wackeen v. Malis (2002) 97 Cal.App.4th 429, 439-440; Khavarian Enterprises, Inc. v. Commline, Inc. (2013) 216 Cal.App.4th 310, 326.)

Discussion

On September 24, 2021, Plaintiff and Defendant entered into a written stipulation for the entry of judgment for $40,461.87, which would be discharged upon the payment of $37,214.21. (Benson Decl., ¶ 4.) An initial payment of $24,214.21 was to be made by GEICO Insurance Company, followed by monthly payments until the remaining $13,000.00 was paid. (Id.)

The Stipulation Agreement appears to have been executed, with signatures from the two parties. (Exhibit 1.) As such, there is a valid agreement.

On October 12, 2021, the stipulation was filed. The Court retained jurisdiction to enforce this Stipulation Agreement. (February 8, 2022 Order for Dismissal.)

Defendant’s insurance carrier made a onetime $24,214.21 payment, and that Defendant paid $2,800 in the monthly payments. (Benson Decl., ¶ 5.) Defendant owes $13,447.66, plus a $75 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 Rumedezar M. Ellazar.

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

Conclusion

The Court GRANTS the motion to set aside the dismissal.

The proposed Judgment against Rumedezar M. Ellazar in the amount of $13,522.66 is approved.

Moving Party is ORDERED to give notice.