Judge: William A. Crowfoot, Case: 19STCV18565, Date: 2023-01-13 Tentative Ruling


Case Number: 19STCV18565    Hearing Date: January 13, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,

                   Plaintiff(s),

          vs.

 

YOGI RAKESH PATEL,

 

                   Defendant(s).

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      CASE NO.: 19STCV18565

 

[TENTATIVE] ORDER RE: MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT

 

Dept. 27

1:30 p.m.

January 13, 2023

 

I.            INTRODUCTION

On May 29, 2019, State Farm Mutual Automobile Insurance Company (“Plaintiff”) brought this subrogation action against Yogi Rakesh Patel (“Defendant”) for damages arising from a motor vehicle accident between Defendant and insured.  

 

On July 11, 2019, Defendant filed an answer. The parties agreed in the stipulation that the action shall be dismissed without prejudice and Defendant shall pay $26,000.00 in full settlement.

 

On April 7, 2020, the Court ordered the entire case dismissed without prejudice pursuant to the Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach. The Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6.

 

On September 13, 2022, Plaintiff filed a motion to vacate the dismissal entered in this action and enter judgment pursuant to Code of Civil Procedure section 664.6. Defendant has filed no opposition.

 

II.          LEGAL STANDARD

“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(a).)   

 

In hearing a section 664.6 motion, the trial court may receive evidence, determine disputed facts, and enter terms of a settlement agreement as a judgment.  (Bowers v. Raymond J. Lucia Companies, Inc. (2012) 206 Cal.App.4th 724, 732.)  The court may interpret the terms and conditions to settlement (Fiore v. Alvord (1985) 182 Cal.App.3d 561, 566), but the court may not create material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810). 

 

III.        DISCUSSION

On February 11, 2020, Plaintiff and Defendant entered into a Settlement Agreement and Stipulation for Dismissal where Defendant agreed to pay $26,000.00 in settlement, with an initial payment of $10,000.00 made by Defendant’s insurer and an initial payment of $6,000.00 by Defendant. (Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach (“02/11/20 Stipulation”).) Then, monthly payments of $100.00 were to be paid until the settlement amount was paid in full. (02/11/20 Stipulation.) The 02/11/20 Stipulation was a valid, written settlement agreement pursuant to section 664.6(b).  

 

After submitting the 02/11/20 Stipulation to the Court, on April 7, 2020, the Court dismissed the instant action and reserved jurisdiction to vacate and enter judgment upon breach, pursuant to Code of Civil Procedure section 664.6.

 

Plaintiff states that Defendant’s insurance carrier paid the initial $10,000.00 and Defendant made payments totaling $7,900.00. (Reese Decl. ¶ 4, 5.)  Defendant has since defaulted on payments. (Reese Decl. ¶ 5.) On August 22, 2022, Plaintiff mailed a default letter, pursuant to the 02/11/20 Stipulation, but Defendant failed to cure the default within 14 days. (Reese Decl. ¶ 6, 7.)

 

Defendant seeks to have the dismissal set aside and to have judgment entered in the amount of $8,160.00 as follows: $26,000.00 (total settlement amount) less payments of $17,9000.00 (paid by Defendant and Defendant’s insurance carrier), plus court costs of $60.00.

 

The Court finds the 02/11/20 Stipulation to be valid and enforceable under Code of Civil Procedure section 664.6. Plaintiff provides a declaration that Defendant stopped making payments and did not respond within 14 days of the written notice of default. Thus, a valid and signed stipulation agreement was breached and the Court retained jurisdiction to enter judgment upon breach. The Court also finds that Plaintiff is entitled to the settlement amount, less any payments made, and costs incurred in enforcing the Stipulation.

 

IV.         CONCLUSION

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED. Judgment is to be entered against Defendant Yogi Rakesh Patel in the amount of $8,160.00.

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that 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 matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.