This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 13:28:26 (UTC).

ALLSTATE NORTHBROOK INDEMNITY COMPANY VS SYDNEE LEWIS-ENNES

Case Summary

On 02/01/2018 a Contract - Insurance case was filed by ALLSTATE NORTHBROOK INDEMNITY COMPANY against SYDNEE LEWIS-ENNES in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1598

  • Filing Date:

    02/01/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GEORGINA T. RIZK

 

Party Details

Plaintiff

ALLSTATE NORTHBROOK INDEMNITY COMPANY

Defendants

LEWIS-ENNES SYDNEE

MCALLISTER JOHN

 

Court Documents

Proof of Service by Substituted Service

5/16/2018: Proof of Service by Substituted Service

Stipulation and Order (name extension) - RE SETTLEMENT PER CCP 664.6

5/16/2018: Stipulation and Order (name extension) - RE SETTLEMENT PER CCP 664.6

Declaration (name extension) - Declaration IN SUPPORT OF PLAINTIFFS MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT

4/15/2019: Declaration (name extension) - Declaration IN SUPPORT OF PLAINTIFFS MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT

Motion to Enforce Settlement - Motion to Enforce Settlement

4/15/2019: Motion to Enforce Settlement - Motion to Enforce Settlement

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/15/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

4/17/2019: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Proof of Service by Mail - Proof of Service by Mail

4/17/2019: Proof of Service by Mail - Proof of Service by Mail

Summons - on Complaint

2/1/2018: Summons - on Complaint

Complaint

2/1/2018: Complaint

Civil Case Cover Sheet

2/1/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

2/1/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 08/29/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Enforce Settlement

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  • 04/17/2019
  • DocketMemorandum of Costs (Summary); Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant); Total Costs: 1034.70

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  • 04/17/2019
  • DocketProof of Service by Mail; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant)

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  • 04/15/2019
  • DocketMotion to Enforce Settlement; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant)

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  • 04/15/2019
  • DocketDeclaration IN SUPPORT OF PLAINTIFFS MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT; Filed by: Allstate Northbrook Indemnity Company (Plaintiff)

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  • 04/15/2019
  • DocketMemorandum of Points & Authorities; Filed by: Allstate Northbrook Indemnity Company (Plaintiff)

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  • 04/15/2019
  • DocketHearing on Motion to Enforce Settlement scheduled for 08/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/24/2018
  • DocketNon-Jury Trial scheduled for 08/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/24/2018

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  • 05/24/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/24/2018

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  • 05/16/2018
  • DocketStipulation and Order RE SETTLEMENT PER CCP 664.6; Signed and Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant)

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  • 05/16/2018
  • DocketOrder for dismissal Without Prejudice entered as to entire action

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  • 05/16/2018
  • DocketProof of Service by Substituted Service; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: John McAllister (Defendant); Proof of Mailing Date: 03/29/18; Service Cost: 75.00; Service Cost Waived: No

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  • 02/01/2018
  • DocketComplaint; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant)

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  • 02/01/2018
  • DocketCivil Case Cover Sheet; Filed by: Allstate Northbrook Indemnity Company (Plaintiff)

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  • 02/01/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/01/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 02/01/2018
  • DocketNon-Jury Trial scheduled for 08/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/01/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/01/2018
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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Tentative Rulings

Case Number: 18STLC01598    Hearing Date: October 29, 2019    Dept: 94

MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER JUDGMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Allstate Northbrook Indemnity Company’s Motion to Enforce the Settlement Agreement and Enter Judgment is GRANTED.

ANALYSIS:

I. Background

On May 16, 2018, the Court dismissed this action pursuant to the parties’ Stipulation for Settlement (the “Stipulation”) while retaining jurisdiction pursuant to CCP § 664.6. The Stipulation obligates Defendant Sydnee Lewis-Ennes (“Defendant”) to pay Plaintiff Allstate Northbrook Indemnity Company (“Plaintiff”) $3,745 in installments. (Motion, Exh. A (Stipulation).) Defendant, however, has only paid Plaintiff $400 and defaulted on the remaining balance. (Id., Mahfouz Decl. ¶ 8.) As a result, Plaintiff has filed the instant Motion to Enforce the Settlement Agreement and Enter Judgment (the “Motion”) under CCP § 664.6.

II. Legal Standard

Under CCP § 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.”

“[S]trict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.)

III. Discussion

The Court finds the Stipulation, signed by the parties under CCP § 664.6, to be valid and enforceable. Plaintiff has given Defendant proper notice of default as required by the Stipulation. (Motion, Exhs. A-B.)

The Stipulation states that if Defendant defaults on her obligations, Plaintiff is entitled to an entry of money judgment for in the amount of $3,745, plus interest at the legal rate beginning on April 1, 2018, costs of suit, and attorney fees, minus any payments made. (Motion, Stipulation ¶ 8.) Defendant has not opposed the instant Motion to demonstrate why judgment should not be entered against her based on the Stipulation. Accordingly, Plaintiff is entitled to $4,616.84 in judgment ($3,745 + interest of $237.14 + $720 in costs of suit + $314.70 in attorney’s fees - $400 in payments made by Defendant).

IV. Conclusion & Order

For the foregoing reasons, the unopposed Motion is GRANTED. Judgment is to be entered in the sum of $4,616.84.