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.
*******1598
02/01/2018
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
ALLSTATE NORTHBROOK INDEMNITY COMPANY
LEWIS-ENNES SYDNEE
MCALLISTER JOHN
5/16/2018: Proof of Service by Substituted Service
5/16/2018: Stipulation and Order (name extension) - RE SETTLEMENT PER CCP 664.6
4/15/2019: Declaration (name extension) - Declaration IN SUPPORT OF PLAINTIFFS MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT
4/15/2019: Motion to Enforce Settlement - Motion to Enforce Settlement
4/15/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities
4/17/2019: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)
4/17/2019: Proof of Service by Mail - Proof of Service by Mail
2/1/2018: Summons - on Complaint
2/1/2018: Complaint
2/1/2018: Civil Case Cover Sheet
2/1/2018: Notice of Case Assignment - Limited Civil Case
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Enforce Settlement
DocketMemorandum of Costs (Summary); Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant); Total Costs: 1034.70
DocketProof of Service by Mail; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant)
DocketMotion to Enforce Settlement; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant)
DocketDeclaration IN SUPPORT OF PLAINTIFFS MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT; Filed by: Allstate Northbrook Indemnity Company (Plaintiff)
DocketMemorandum of Points & Authorities; Filed by: Allstate Northbrook Indemnity Company (Plaintiff)
DocketHearing on Motion to Enforce Settlement scheduled for 08/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
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
DocketStipulation and Order RE SETTLEMENT PER CCP 664.6; Signed and Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant)
DocketOrder for dismissal Without Prejudice entered as to entire action
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
DocketComplaint; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Sydnee Lewis-Ennes (Defendant)
DocketCivil Case Cover Sheet; Filed by: Allstate Northbrook Indemnity Company (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 08/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
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
DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint
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.