This case was last updated from Los Angeles County Superior Courts on 11/08/2021 at 14:02:26 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE VS KRISTIN HATZOLD

Case Summary

On 04/15/2020 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE filed a Contract - Insurance lawsuit against KRISTIN HATZOLD. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3359

  • Filing Date:

    04/15/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INSURANCE EXCHANGE

Defendant

HATZOLD KRISTIN

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD F.

 

Court Documents

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

4/15/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

4/15/2020: Summons - Summons on Complaint

Complaint - Complaint

4/15/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

4/15/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

5/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

8/30/2021: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Notice of Ruling - Notice of Ruling

8/12/2021: Notice of Ruling - Notice of Ruling

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

8/11/2021: Notice of Entry of Judgment / Dismissal / Other Order - Notice of Entry of Judgment / Dismissal / Other Order

Judgment - Judgment

8/11/2021: Judgment - Judgment

Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

8/11/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

Declaration (name extension) - Declaration in Support of Mtn to Enforce Stlmt

7/20/2021: Declaration (name extension) - Declaration in Support of Mtn to Enforce Stlmt

Notice (name extension) - Notice CONTINUANCE MOTION TO ENFORCE SETTLEMENT

7/6/2021: Notice (name extension) - Notice CONTINUANCE MOTION TO ENFORCE SETTLEMENT

Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

7/1/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

Motion to Enforce Settlement - Motion to Enforce Settlement

2/4/2021: Motion to Enforce Settlement - Motion to Enforce Settlement

Proof of Service by Substituted Service - Proof of Service by Substituted Service

10/16/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

3 More Documents Available

 

Docket Entries

  • 08/30/2021
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Interinsurance Exchange of the Automobile Club, an Insurance Exchange (Plaintiff)

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  • 08/12/2021
  • DocketNotice of Ruling; Filed by: Interinsurance Exchange of the Automobile Club, an Insurance Exchange (Plaintiff)

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  • 08/11/2021
  • DocketStipulated judgment entered for Plaintiff Interinsurance Exchange of the Automobile Club, an Insurance Exchange against Defendant Kristin Hatzold on the Complaint filed by Interinsurance Exchange of the Automobile Club, an insurance exchange on 04/15/2020 for the principal amount of $10,870.87, interest of $2,900.88, and costs of $612.60 for a total of $14,384.35.

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  • 08/11/2021
  • DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by: Clerk

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  • 08/11/2021
  • DocketJudgment; Filed by: Clerk

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  • 08/11/2021
  • DocketMinute Order (Hearing on Motion to Enforce Settlement)

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  • 08/11/2021
  • DocketHearing on Motion to Enforce Settlement scheduled for 08/11/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/11/2021; Result Type to Held - Motion Granted

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  • 08/11/2021
  • DocketNon-Jury Trial scheduled for 10/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/11/2021

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  • 08/11/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/19/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/11/2021

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  • 07/20/2021
  • DocketDeclaration in Support of Mtn to Enforce Stlmt; Filed by: Interinsurance Exchange of the Automobile Club, an Insurance Exchange (Plaintiff)

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7 More Docket Entries
  • 10/19/2020
  • DocketUpdated -- Interinsurance Exchange of the Automobile Club, an Insurance Exchange (Plaintiff): Organization Name changed from Interinsurance Exchange of the Automobile Club, an insurance exchange to Interinsurance Exchange of the Automobile Club, an Insurance Exchange

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  • 10/16/2020
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an insurance exchange (Plaintiff); As to: KRISTIN HATZOLD (Defendant); Proof of Mailing Date: 09/30/2020; Service Cost: 242.60; Service Cost Waived: No

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  • 05/29/2020
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an insurance exchange (Plaintiff)

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  • 04/15/2020
  • DocketNon-Jury Trial scheduled for 10/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/15/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/19/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/15/2020
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an insurance exchange (Plaintiff); As to: KRISTIN HATZOLD (Defendant)

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  • 04/15/2020
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an insurance exchange (Plaintiff); As to: KRISTIN HATZOLD (Defendant)

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  • 04/15/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/15/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/15/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b"

Case Number: 20STLC03359 Hearing Date: August 11, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO ENFORCE SETTLEMENT AGREEMENT AND ENTER JUDGMENT

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MOVING PARTY: Plaintiff\r\nInterinsurance Exchange of the Automobile Club

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RESP. PARTY: None

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MOTION TO ENFORCE SETTLEMENT

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(CCP § 664.6)

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TENTATIVE RULING:

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Plaintiff Interinsurance Exchange of\r\nthe Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment\r\nis GRANTED. Judgment to be entered against Defendant Kristin Hatzold in the\r\namount of $14,384.35 based on an unpaid principal amount of $10,870.87,\r\ninterest of $2,900.88, and costs of $612.60.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of August\r\n9, 2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof August 9, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On April 15, 2020, Plaintiff Interinsurance Exchange of\r\nthe Automobile Club (“Plaintiff”) filed an action against Defendant Kristin\r\nHatzold (“Defendant”) seeking damages of $10,870.87.

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Plaintiff\r\nfiled the instant Motion to Enforce Settlement and Enter Judgment (the\r\n“Motion”). No opposition was filed.

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At the initial July 1 hearing, the\r\nCourt ordered Plaintiff to file supplemental briefing and to pay Defendant’s\r\nfirst appearance fee. (7/1/21 Minute Order.) Plaintiff’s counsel filed a\r\nsupplemental brief on July 20 and Defendant’s first appearance fee was paid on\r\nJuly 26.

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No opposition was filed.

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II. \r\nLegal\r\nStandard

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Under Code of Civil Procedure, section 664.6:

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\r\n(a) If parties to pending litigation stipulate, in a writing signed by the\r\nparties outside of the presence of the court or orally before the\r\ncourt, for settlement of the case, or part thereof, the court, upon motion, may\r\nenter judgment pursuant to the terms of the settlement. If requested by the\r\nparties, the court may retain jurisdiction over the parties to enforce the\r\nsettlement until performance in full of the terms of the settlement.

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(b) For purposes of this section, a writing is signed by\r\na party if it is signed by any of the following:

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(1) The party.

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(2) An attorney who represents the party.

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(3) If the party is an insurer, an agent who is\r\nauthorized in writing by the insurer to sign on the insurer's behalf.”

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III. \r\nDiscussion\r\n

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As discussed at the previous hearing, Plaintiff includes\r\nwith its Motion a copy of a Stipulation for Entry of Judgment and Installment\r\nPayments (the “Stipulation”). (Mot., Tapper Decl., ¶ 2, Exh. A.) It provides\r\nthat Defendant would pay Plaintiff $10,870.87 as follows: $250.00 due on or\r\nbefore the 15th of every month beginning November 15, 2020 through\r\nOctober 15, 2021; $500.00 due on or before the 15th of the month\r\nbeginning November 15, 2021 through January 15, 2023; and $370.87 due on or\r\nbefore February 15, 2023. (Id.) The Stipulation also provides that failure\r\nto make installment payments as agreed entitles Plaintiff to the entry of\r\njudgment in the principal amount of $10,870.87 plus interest at the rate of 10%\r\nper annum from May 10, 2018 and court costs minus any payments received. (Id.)\r\nPlaintiff is under no obligation to notify Defendant of its intent to file\r\ndefault. (Id.) Per the Stipulation, all correspondence and\r\ncommunications of any kind must be mailed to Defendant at 5328 Natasha Court,\r\nAgoura Hills, CA 91301 unless Plaintiff is otherwise directed. (Id.)

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The Stipulation includes two different signature pages;\r\nthe signature blocks on one signature page includes the name of Mary Monterrozo\r\nfor Plaintiff, includes Defendant’s and Plaintiff’s counsel’s signature, and\r\nhas line numbering on the left side while the second signature page does not\r\nhave any line numbering on the left side of the page and is signed by Richard Greiger\r\nonly on behalf of Plaintiff. (Id.) In its supplemental declaration,\r\nPlaintiff’s counsel explains that the Stipulation that was initially prepared,\r\nwhich is the one that Defendant executed, indicated Monterrozo would sign on\r\nbehalf of Plaintiff. (7/2/21 Tapper Decl., ¶ 3.) After Defendant signed the\r\nStipulation, Plaintiff’s counsel learned Greiger would sign on behalf of\r\nPlaintiff, not Monterrozo, which explains the two different signature pages. (Id.)\r\n

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Plaintiff provides evidence that\r\nDefendant made no payments under the Stipulation. (Mot., Tapper Decl., ¶ 4.) It\r\nrequests that judgment be entered against Defendant in the amount of $14,384.35\r\nbased on an unpaid principal amount of $10,870.87, interest of $2,900.88, and costs\r\nof $612.60. (Id. at ¶ 5.) Plaintiff’s request is GRANTED.

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Plaintiff’s request is GRANTED.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nInterinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement\r\nAgreement and Enter Judgment is GRANTED. Judgment to be entered against\r\nDefendant Kristin Hatzold in the amount of $14,384.35 based on an unpaid\r\nprincipal amount of $10,870.87, interest of $2,900.88, and costs of $612.60.

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Moving party is ordered to give\r\nnotice.

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