This case was last updated from Los Angeles County Superior Courts on 11/21/2021 at 07:11:04 (UTC).

AMICA MUTUAL INSURANCE COMPANY, A CORPORTION VS DANIEL MARQUEZ

Case Summary

On 11/17/2020 AMICA MUTUAL INSURANCE COMPANY, A CORPORTION filed a Contract - Insurance lawsuit against DANIEL MARQUEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9625

  • Filing Date:

    11/17/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

AMICA MUTUAL INSURANCE COMPANY A CORPORTION

Defendant

MARQUEZ DANIEL AKA DANIEL CRISTIAN MARQUEZ

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD F.

 

Court Documents

First Amended Standing Order - First Amended Standing Order

11/17/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

11/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

11/17/2020: Complaint - Complaint

Summons - Summons on Complaint

11/17/2020: Summons - Summons on Complaint

Proof of Personal Service - Proof of Personal Service

12/4/2020: Proof of Personal Service - Proof of Personal Service

Notice of Settlement - Notice of Settlement

1/8/2021: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

1/8/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Declaration (name extension) - Declaration to Dismiss the Case and Retain Jurisdiction

2/1/2021: Declaration (name extension) - Declaration to Dismiss the Case and Retain Jurisdiction

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

7/20/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 07/20/2021

7/20/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 07/20/2021

Motion to Enforce Settlement - Motion to Enforce Settlement

7/27/2021: Motion to Enforce Settlement - Motion to Enforce Settlement

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

9/28/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/28/2021

9/28/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/28/2021

Notice of Entry of Judgment / Dismissal / Other Order - Notice of Entry of Judgment / Dismissal / Other Order

10/25/2021: Notice of Entry of Judgment / Dismissal / Other Order - Notice of Entry of Judgment / Dismissal / Other Order

Judgment - Judgment

10/25/2021: Judgment - Judgment

Minute Order - Minute Order (Hearing on Motion to Enforce Settlement Agreement and Enter J...)

10/25/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement Agreement and Enter J...)

5 More Documents Available

 

Docket Entries

  • 10/25/2021
  • DocketUpdated -- Motion to Enforce Settlement Agreement and Enter Judgment Against Defendant Daniel Marquez: Filed By: Amica Mutual Insurance Company, a corportion (Plaintiff); Result: Granted; Result Date: 10/25/2021

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  • 10/25/2021
  • DocketStipulated judgment entered for Plaintiff Amica Mutual Insurance Company, a corportion against Defendant DANIEL MARQUEZ AKA DANIEL CRISTIAN MARQUEZ on the Complaint filed by Amica Mutual Insurance Company, a corportion on 11/17/2020 for the principal amount of $4,492.75, interest of $808.70, and costs of $304.00 for a total of $5,605.45.

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  • 10/25/2021
  • DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by: Clerk

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  • 10/25/2021
  • DocketJudgment; Filed by: Clerk

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  • 10/25/2021
  • DocketMinute Order (Hearing on Motion to Enforce Settlement Agreement and Enter J...)

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  • 10/25/2021
  • DocketHearing on Motion to Enforce Settlement Agreement and Enter Judgment Against Defendant Daniel Marquez scheduled for 10/25/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/25/2021; Result Type to Held - Motion Granted

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  • 10/25/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/25/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/25/2021; Result Type to Held

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  • 09/28/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/25/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 09/28/2021
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 09/28/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/28/2021; Filed by: Clerk

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16 More Docket Entries
  • 01/08/2021
  • DocketNon-Jury Trial scheduled for 05/17/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/08/2021

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  • 12/04/2020
  • DocketProof of Personal Service; Filed by: Amica Mutual Insurance Company, a corportion (Plaintiff); As to: DANIEL MARQUEZ (Defendant); Service Date: 11/28/2020; Service Cost: 79.00; Service Cost Waived: No

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  • 11/17/2020
  • DocketComplaint; Filed by: Amica Mutual Insurance Company, a corportion (Plaintiff); As to: DANIEL MARQUEZ (Defendant)

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  • 11/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Amica Mutual Insurance Company, a corportion (Plaintiff); As to: DANIEL MARQUEZ (Defendant)

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  • 11/17/2020
  • DocketSummons on Complaint; Issued and Filed by: Amica Mutual Insurance Company, a corportion (Plaintiff); As to: DANIEL MARQUEZ (Defendant)

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  • 11/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/17/2020
  • DocketNon-Jury Trial scheduled for 05/17/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/21/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/17/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

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Case Number: 20STLC09625 Hearing Date: October 25, 2021 Dept: 26

Amica Mutual Ins. Co.\r\nv. Marquez, et al. 20STLC09625

VACATE\r\nDISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

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(CCP\r\n§ 664.6)

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TENTATIVE RULING:

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Plaintiff Amica Mutual Insurance\r\nCompany’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE\r\nENTERED AGAINST DEFENDANT DANIEL MARQUEZ AKA DANIEL CHRISTIAN MARQUEZ IN THE AMOUNT OF $4,492.75 PRINCIPAL,\r\n$304.00 COSTS AND 10 PERCENT INTEREST PER ANNUM FROM JANUARY 7, 2020.

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ANALYSIS:

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Plaintiff Amica\r\nMutual Insurance Company (“Plaintiff”) filed\r\nthe instant action for automobile subrogation against Defendant Daniel\r\nMarquez aka Daniel Christian Marquez\r\n(“Defendant”) on November 17, 2020. On January 8, 2021, Plaintiff filed Notice\r\nof Entry of Settlement. On July 27, 2021, Plaintiff filed the instant Motion to\r\nEnforce Settlement and Enter Judgment. To date, no opposition has been filed.

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Legal Standard

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Under Code of Civil Procedure, section 664.6:

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If parties to pending litigation\r\nstipulate, in a writing signed by the parties outside the presence of the court\r\nor orally before the court, for settlement of the case, or part thereof, the\r\ncourt, upon motion, may enter judgment pursuant to the terms of the settlement.\r\nIf requested by the parties, the court may retain jurisdiction over the parties\r\nto enforce the settlement until performance in full of the terms of the\r\nsettlement.

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(Code Civ. Proc., § 664.6.) Prior\r\nto January 1, 2021, “parties” under section 664.6 meant the litigants\r\nthemselves, not their attorneys. (Levy\r\nv. Superior Court (1995) 10 Cal.4th 578, 586 (holding “we conclude that the\r\nterm ‘parties’ as used in section 664.6 means the litigants themselves, and\r\ndoes not include their attorneys of record.”).) Additionally, the settlement\r\nmust have included the signatures of the parties seeking to enforce the\r\nagreement, and against whom enforcement is sought. (J.B.B. Investment\r\nPartners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.)

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Discussion

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The settlement agreement complies with the statutory requirements\r\nset forth above. The settlement was signed by all parties provides that\r\nDefendant would pay Plaintiff $125.00 in 51 monthly installments from December\r\n15, 2020 until February 15, 2025, plus an additional payment of $37.18, for a\r\ntotal payment of $6,412.18. (Motion, Tapper Decl., Exh. A, ¶2.) The settlement\r\nagreement also provides that if Defendant defaults, judgment in the amount of $5,117.75,\r\nplus costs and interest may be entered in Plaintiff’s favor, less any amounts\r\npaid. (Id. at Exh. 1, ¶¶1, 5.) Other than $625.00, Defendant has made no\r\nfurther payments toward the settlement. (Id. at ¶¶3-4.) It appears that\r\nPlaintiff has incorrectly calculated the remaining principal owing by using a\r\nsettlement amount $60.00 greater than $5,117.75. (See id. at ¶5 [using\r\nsettlement amount of $5,177.75].) Based on the settlement terms, however, Plaintiff\r\nis entitled to entry of judgment against Defendant in the amount of $4,492.75 principal,\r\n$304.00 costs and 10 percent interest per annum from January 7, 2020. (Id.\r\nat ¶5.)

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Conclusion

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Plaintiff Amica Mutual Insurance\r\nCompany’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE\r\nENTERED AGAINST DEFENDANT DANIEL MARQUEZ AKA DANIEL CHRISTIAN MARQUEZ IN THE AMOUNT OF $4,492.75 PRINCIPAL,\r\n$304.00 COSTS AND 10 PERCENT INTEREST PER ANNUM FROM JANUARY 7, 2020.

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Moving party to give notice.

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