On 06/19/2017 ALLIANCE UNITED INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against SHIN, JUNE WOO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Other Disposed.
Disposed - Other Disposed
ALLIANCE UNITED INSURANCE COMPANY
SHIN JUNE WOO
LAW OFFICES OF TODD F HAINES
HOUTZ RICHARD SCOTT
JOHNSON JERRY LEE
6/19/2017: Civil Case Cover Sheet
6/19/2017: Complaint - Auto
8/3/2017: Proof of Service by Substituted Service
8/15/2017: Notice of Related Case
8/30/2017: Minute Order - (Court Order Re Notice of Related Case;)
9/15/2017: Certificate of Mailing for - Minute Order (Final Status Conference) of 09/15/2017
9/15/2017: Minute Order - (Final Status Conference)
10/18/2017: Minute Order - (Trial Setting Conference)
3/14/2018: Stipulation and Order (name extension) - TO CONTINUE TRIAL AND CUT OFF DATES
9/26/2018: Minute Order - (Non-Jury Trial)
9/27/2018: Stipulation and Order (name extension) - Stipulation and Order for entry of judgment and installment payments
10/15/2018: Minute Order - Minute Order (Court Order)
10/15/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 10/15/2018
10/30/2018: Notice (name extension) - Notice of order to show cause hearing
12/3/2018: Substitution of Attorney
DocketSubstitution of Attorney; Filed by: JUNE WOO SHIN (Defendant)Read MoreRead Less
DocketNotice of order to show cause hearing; Filed by: ALLIANCE UNITED INSURANCE COMPANY (Plaintiff); As to: JUNE WOO SHIN (Defendant)Read MoreRead Less
DocketMinute Order (Court Order)Read MoreRead Less
DocketCertificate of Mailing for Minute Order (Court Order) of 10/15/2018; Filed by: ClerkRead MoreRead Less
DocketOn the Complaint filed by ALLIANCE UNITED INSURANCE COMPANY on 06/19/2017, entered Order for Dismissal without prejudice as to the entire action, pursuant to 664.6Read MoreRead Less
DocketStipulation and Order for entry of judgment and installment payments; Signed and Filed by: ALLIANCE UNITED INSURANCE COMPANY (Plaintiff); As to: JUNE WOO SHIN (Defendant)Read MoreRead Less
DocketMinute Order (Non-Jury Trial)Read MoreRead Less
DocketNon-Jury Trial scheduled for 09/26/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 09/26/2018; Result Type to Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketOrder to Show Cause re: Dismissal (Settlement) scheduled for 12/21/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
DocketPursuant to written stipulation, Non-Jury Trial scheduled for 04/16/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 77 Not Held - Continued - Stipulation was rescheduled to 09/26/2018 08:30 AMRead MoreRead Less
DocketJury Trial scheduled for 10/02/2017 at 08:30 AM in Stanley Mosk Courthouse at Department 91Read MoreRead Less
DocketFinal Status Conference scheduled for 09/15/2017 at 10:00 AM in Stanley Mosk Courthouse at Department 91Read MoreRead Less
DocketAnswer; Filed by: JUNE WOO SHIN (Defendant)Read MoreRead Less
DocketNotice of Related Case; Filed by: JUNE WOO SHIN (Defendant)Read MoreRead Less
DocketProof of Service by Substituted Service; Filed by: ALLIANCE UNITED INSURANCE COMPANY (Plaintiff); As to: JUNE WOO SHIN (Defendant); Proof of Mailing Date: 07/24/2017; Service Cost: 55.61; Service Cost Waived: NoRead MoreRead Less
DocketNON-JURY TRIAL SET FOR 12/26/18, 08:30 AM, DEPT 77Read MoreRead Less
DocketOSC SET 06/19/20, 08:30 AM, DEPT. 77 PURSUANT TO GENERAL ORDERRead MoreRead Less
DocketCivil Case Cover Sheet; Filed by: ALLIANCE UNITED INSURANCE COMPANY (Plaintiff)Read MoreRead Less
DocketCOMPLAINT FILED - AUTO Filing Fee: 370.00Read MoreRead Less
DocketSUMMONS FILEDRead MoreRead Less
Case Number: 17K07801 Hearing Date: August 06, 2020 Dept: 26
Alliance United Ins. Co. v. Shin, et al.
ENFORCE SETTLEMENT AND ENTER JUDGMENT
(CCP § 664.6)
Plaintiff Alliance United Insurance Company’s second Motion to Enforce Settlement is GRANTED. Plaintiff is entitled to entry of judgment pursuant to Section 664.6 in the amount of $10,899.16 principal, interest of $2,397.82 based on the rate of 10% per annum from February 11, 2013, and $425.61 costs.
Plaintiff Alliance United Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant June Woo Shin (“Defendant”) on June 19, 2017. On September 27, 2018, Plaintiff filed a Stipulation and Order for Entry of Judgment. The Stipulation was signed into order by the Court on October 15, 2018, with express retention of jurisdiction under Code of Civil Procedure section 664.6. The Court then dismissed the action.
On September 5, 2019, Plaintiff filed the first Motion to Enforce Settlement Agreement and Enter Judgment (the “first Motion”) on the grounds that Defendant had failed to fulfill his obligations under the Settlement Agreement. The hearing on the first Motion was placed off calendar after Plaintiff failed to demonstrate proper service of the moving papers.
On December 16, 2019, Plaintiff filed the second Motion to Enforce Settlement Agreement and Enter Judgment (“the Second Motion”). The hearing was initially scheduled for June 18, 2020 and continued to August 6, 2020 due to the COVID-19 pandemic. To date, no opposition has been filed.
Under Code of Civil Procedure, section 664.6:
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.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) Accordingly, “parties” under section 664.6 means the litigants themselves, not their attorneys. (Levy v. Superior Court (1995) 10 Cal.4th 578, 586 (holding “we conclude that the term ‘parties’ as used in section 664.6 means the litigants themselves, and does not include their attorneys of record.”).) Additionally, the settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.)
Plaintiff has complied with the statutory requirements set forth above. (Motion, Tapper Decl., Exh. A.) The settlement agreement and request for retention of jurisdiction were signed by both Plaintiff and Defendant and presented to the Court prior to dismissal of the action. The settlement provides that Defendant would pay the sum of $8,000.00 to Plaintiff in monthly installments starting July 2, 2018. (Id. at Exh. A, ¶2.) The settlement agreement also provides that upon Defendant’s default, Plaintiff may move for entry of judgment in the amount of the demand of the Complaint ($S17,899.16) plus interest and costs, but less payments made. (Id. at ¶¶1, 5.) Payments of $7,000.00 were made towards the stipulated judgment, after which Defendant defaulted. (Id. at ¶5.)
Accordingly, Plaintiff Alliance United Insurance Company’s second Motion to Enforce Settlement GRANTED. Plaintiff is entitled to entry of judgment pursuant to Section 664.6 in the amount of $10,899.16 principal, interest of $2,397.82 based on the rate of 10% per annum from February 11, 2013; and $425.61 costs. (Id. at ¶6 and Exh. A.)
Moving party to give notice.
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