This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 09:04:08 (UTC).

EXCEL ADJUSTERS INC., A CALIFORNIA CORPORATION VS CHI SUNG KIM

Case Summary

On 08/07/2017 EXCEL ADJUSTERS INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against CHI SUNG KIM. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1553

  • Filing Date:

    08/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

YOLANDA OROZCO

 

Party Details

Plaintiff

EXCEL ADJUSTERS INC. A CALIFORNIA CORPORATION

Defendants

KIM MI HYANG

KIM CHI SUNG

Attorney/Law Firm Details

Plaintiff Attorney

WHITE STEPHEN EDWARD

Defendant Attorney

WESTON CHRISTOPHER GEORGE

 

Court Documents

Answer - Answer

10/18/2017: Answer - Answer

Notice of Settlement - Notice of Settlement

2/6/2019: Notice of Settlement - Notice of Settlement

Minute Order - Minute Order (Non-Jury Trial)

2/7/2019: Minute Order - Minute Order (Non-Jury Trial)

Ex Parte Application (name extension) - Ex Parte Application for entry of Judgment

5/20/2019: Ex Parte Application (name extension) - Ex Parte Application for entry of Judgment

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement); Hearing on Ex...)

5/21/2019: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement); Hearing on Ex...)

Notice of Ruling - Notice of Ruling

5/22/2019: Notice of Ruling - Notice of Ruling

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

7/24/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Motion to Confirm Settlement - Motion to Confirm Settlement

7/25/2019: Motion to Confirm Settlement - Motion to Confirm Settlement

Opposition (name extension) - Opposition TO OSC DECLARATION OF STEVE WHITE

8/12/2019: Opposition (name extension) - Opposition TO OSC DECLARATION OF STEVE WHITE

Request for Entry of Default / Judgment

10/20/2017: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

11/18/2017: Notice of Rejection Default/Clerk's Judgment

Statement of Damages (Personal Injury or Wrongful Death)

10/20/2017: Statement of Damages (Personal Injury or Wrongful Death)

Proof of Personal Service

9/27/2017: Proof of Personal Service

Proof of Personal Service

9/27/2017: Proof of Personal Service

Notice of Case Assignment - Limited Civil Case

8/7/2017: Notice of Case Assignment - Limited Civil Case

Summons - on Complaint

8/7/2017: Summons - on Complaint

Civil Case Cover Sheet

8/7/2017: Civil Case Cover Sheet

Complaint

8/7/2017: Complaint

6 More Documents Available

 

Docket Entries

  • 08/10/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/18/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)

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  • 08/22/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 08/12/2019
  • DocketOpposition TO OSC DECLARATION OF STEVE WHITE; Filed by: Excel Adjusters Inc., a California Corporation (Plaintiff)

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  • 07/31/2019
  • DocketHearing on Motion - Other ENFORCE SETTLEMENT and for ENTRY OF JUDGMENT scheduled for 11/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/26/2019
  • DocketAddress for Stephen Edward White (Attorney) updated

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  • 07/25/2019
  • DocketMotion to Confirm Settlement; Filed by: Excel Adjusters Inc., a California Corporation (Plaintiff); As to: Excel Adjusters Inc., a California Corporation (Plaintiff)

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  • 07/24/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Stephen Edward White (Attorney)

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  • 05/29/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/29/2019
  • DocketOn the Court's own motion, Order to Show Cause Re: Dismissal (Settlement) scheduled for 05/21/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 08/22/2019 08:30 AM

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18 More Docket Entries
  • 10/18/2017
  • DocketAnswer; Filed by: Chi Sung Kim (Defendant); Mi Hyang Kim (Defendant)

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  • 09/27/2017
  • DocketProof of Personal Service; Filed by: Excel Adjusters Inc., a California Corporation (Plaintiff); As to: Chi Sung Kim (Defendant); Service Date: 09/17/2017; Service Cost: 75.00; Service Cost Waived: No

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  • 09/27/2017
  • DocketProof of Personal Service; Filed by: Excel Adjusters Inc., a California Corporation (Plaintiff); As to: Mi Hyang Kim (Defendant); Service Date: 09/17/2017; Service Cost: 75.00; Service Cost Waived: No

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  • 08/07/2017
  • DocketComplaint; Filed by: Excel Adjusters Inc., a California Corporation (Plaintiff); As to: Chi Sung Kim (Defendant)

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  • 08/07/2017
  • DocketCivil Case Cover Sheet; Filed by: Excel Adjusters Inc., a California Corporation (Plaintiff)

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  • 08/07/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/07/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/07/2017
  • DocketCase assigned to Hon. Yolanda Orozco in Department 77 Stanley Mosk Courthouse

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  • 08/07/2017
  • DocketNon-Jury Trial scheduled for 02/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/07/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 08/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC01553    Hearing Date: November 18, 2019    Dept: 94

Excel Adjusters, Inc. v. Kim, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Excel Adjustors, Inc.’s Motion to Enter Judgment is GRANTED. JUDGMENT IS ENTERED JOINTLY AND SEVERALLY AGAINST DEFENDANTS CHI SUNG KIM AND HYANG KIM AND IN PLAINTIFF’S FAVOR IN THE AMOUNT OF $25,000.00.

ANALYSIS:

On August 7, 2017, Plaintiff Excel Adjustors, Inc. (“Plaintiff”) filed this action for breach of contract, account stated, and fraud, against Defendants Chi Sung Kim and Hyang Kim (“Defendants”). On February 6, 2019, Plaintiff filed a Notice of Unconditional Settlement of Entire Case. Plaintiff filed the instant Motion to Enforce Settlement Agreement (the “Motion”) on July 25, 2019. To date, no opposition has been filed.

Legal Standard

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.)

Discussion

Plaintiff has demonstrated compliance with the statutory requirements set forth above. The settlement agreement was signed by both parties. (Motion, White Decl., Exh A at ¶8.) The settlement provides that Defendants would make pay Plaintiff $17,250.00 by February 22, 2019. (Ibid.) The settlement agreement also provides that upon Defendants’ default, judgment in the amount of $25,000.00 would be entered in Plaintiff’s favor. (Ibid.) As of the filing of this motion, Defendants have not made the payments required by the settlement. (Id. at ¶7.) Accordingly, Plaintiff is entitled to entry of judgment jointly and severally against Defendants in the amount of $25,000.00.

Plaintiff Excel Adjustors, Inc.’s Motion to Enter Judgment is GRANTED. JUDGMENT IS TO BE ENTERED JOINTLY AND SEVERALLY AGAINST DEFENDANTS CHI SUNG KIM AND HYANG KIM AND IN PLAINTIFF’S FAVOR IN THE AMOUNT OF $25,000.00.

Moving party to give notice.