This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 09:52:27 (UTC).

HARCO NATIONAL INSURANCE COMPANY, A CORPORATION VS MARIAH LISETTE GONZALES

Case Summary

On 09/15/2017 HARCO NATIONAL INSURANCE COMPANY, A CORPORATION filed a Contract - Insurance lawsuit against MARIAH LISETTE GONZALES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2033

  • Filing Date:

    09/15/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

HARCO NATIONAL INSURANCE COMPANY A CORPORATION

Defendants

GONZALES MARIAH LISETTE

GONZALES CHRISTINA A.

GONZALES JOSEPH MICHAEL

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD FREDERICK

 

Court Documents

Notice of Settlement - of Entire Case

3/26/2018: Notice of Settlement - of Entire Case

Request for Entry of Default / Judgment

2/13/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

3/7/2018: Notice of Rejection Default/Clerk's Judgment

Proof of Personal Service

4/26/2018: Proof of Personal Service

Proof of Service by Substituted Service

11/1/2017: Proof of Service by Substituted Service

Proof of Personal Service

11/1/2017: Proof of Personal Service

Proof of Personal Service

10/23/2017: Proof of Personal Service

Summons - on Complaint

9/15/2017: Summons - on Complaint

Civil Case Cover Sheet

9/15/2017: Civil Case Cover Sheet

Complaint

9/15/2017: Complaint

Notice of Case Assignment - Limited Civil Case

9/15/2017: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/18/2020
  • 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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  • 04/26/2018
  • DocketProof of Personal Service; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Mariah Lisette Gonzales (Defendant); Service Date: 09/30/17; Service Cost: 74.00; Service Cost Waived: No

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  • 03/27/2018
  • DocketNon-Jury Trial scheduled for 03/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77 Not Held - Vacated by Court on 03/26/2018

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  • 03/26/2018
  • DocketNotice of Settlement of Entire Case; Filed by: Harco National Insurance Company, a corporation (Plaintiff); Settlement Type: Conditional; Vacate Future Dates: No

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  • 03/07/2018
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 02/13/2018
  • DocketRequest for Entry of Default / Judgment; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Mariah Lisette Gonzales (Defendant); Joseph Michael Gonzales (Defendant); Christina A. Gonzales (Defendant)

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  • 02/13/2018
  • Docket; Default not entered as to Mariah Lisette Gonzales; Joseph Michael Gonzales; Christina A. Gonzales; On the Complaint filed by Harco National Insurance Company, a corporation on 09/15/2017

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  • 11/01/2017
  • DocketProof of Personal Service; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Joseph Michael Gonzales (Defendant); Service Date: 10/12/2017; Service Cost: 74.00; Service Cost Waived: No

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  • 11/01/2017
  • DocketProof of Service by Substituted Service; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Christina A. Gonzales (Defendant); Proof of Mailing Date: 10/13/2017; Service Cost: 47.00; Service Cost Waived: No

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  • 10/23/2017
  • DocketProof of Personal Service; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Mariah Lisette Gonzales (Defendant); Service Date: 09/30/2017; Service Cost: 74.00; Service Cost Waived: No

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  • 09/15/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/15/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 09/15/2017
  • DocketNon-Jury Trial scheduled for 03/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/15/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/15/2017
  • DocketComplaint; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Mariah Lisette Gonzales (Defendant)

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  • 09/15/2017
  • DocketCivil Case Cover Sheet; Filed by: Harco National Insurance Company, a corporation (Plaintiff)

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  • 09/15/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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Tentative Rulings

Case Number: 17STLC02033    Hearing Date: January 14, 2021    Dept: 26

Harco National Ins. Co. v. Gonzales, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Harco National Insurance Company’s Motion to Enforce Settlement and Enter Judgment Under Code of Civil Procedure section 664.6 is DENIED.

ANALYSIS:

Plaintiff Harco National Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Mariah Lissette Gonzales, Joseph Michael Gonzales and Christina A. Gonzales (“Defendants”) on September 15, 2017. On July 17, 2020, Plaintiff filed the instant Motion to Enforce the Settlement and Enter Judgment against Defendants (“the Motion”). 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 not demonstrated compliance with the statutory requirements set forth above. Plaintiff attaches a copy of the purported settlement agreement, which is signed by all parties. (Motion, Tapper Decl., Exh. A, p. 5.) The parties, however, signed on very different dates. Defendants signed the agreement on March 12, 2018 while Plaintiff did not sign the agreement until June 12, 2019. (Ibid.) The settlement purports to require payment from Defendants starting on March 30, 2018 and continuing monthly thereafter. (Id. at Exh. A, ¶2.) Defendants made monthly payments until August 3, 2018. (Id. at ¶3.) At the time performance was called for under the terms of the agreement and at the time Defendants purportedly defaulted, therefore, there was no agreement enforceable under the terms of Code of Civil Procedure section 664.6.

Conclusion

Plaintiff Harco National Insurance Company’s Motion to Enforce Settlement and Enter Judgment Under Code of Civil Procedure section 664.6 is DENIED.

Court clerk to give notice.

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