Judge: William A. Crowfoot, Case: BC724034, Date: 2022-08-17 Tentative Ruling

Case Number: BC724034    Hearing Date: August 17, 2022    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.

 

JOVANNY CHAVEZ,

 

                   Defendant(s).

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      CASE NO.: BC724034

 

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

 

Dept. 27

1:30 p.m.

August 17, 2022

 

On October 3, 2018, plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendant Jovanny Chavez (“Defendant”) relating to a July 18, 2017, automobile accident.  On April 30, 2021, the parties filed a stipulation for entry of judgment (the “Stipulation”).  Pursuant to the Stipulation, the parties agreed that judgment against Defendant would be entered in the amount of $27,960.81 (plus costs of suit) unless Defendant discharged this obligation by paying a total of $9,104.61, with $3,104.61 to be paid by Western General, and Defendant to pay $25 a month beginning on June 15, 2021 and continuing for 24 months until May 15, 2023, then $50 a month from June 15, 2023 to May 15, 2029, and $75 a month, beginning on June 15, 2029.  On June 16, 2021, the Court signed an order for dismissal and retained jurisdiction of the action pursuant to Code of Civil Procedure section 664.6. 

On June 17, 2022, Plaintiff filed this motion to set aside the dismissal and enter judgment after Defendant failed to make any payments pursuant to the Stipulation.

“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.) 

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).

Here, Plaintiff requests $300 in attorneys’ fees, which are not provided for in the Stipulation.  The Court does not see any provision which allows Plaintiff to recover attorneys’ fees in connection with this motion.  Accordingly, the motion for the entry of judgment in the amount of $25,216.20 is DENIED.

 

 

 

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.