This case was last updated from Los Angeles County Superior Courts on 01/29/2021 at 00:06:10 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS ADRIEL PEZO, ET AL.

Case Summary

On 07/31/2019 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Uninsured Motor Vehicle lawsuit against ADRIEL PEZO. 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 - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7073

  • Filing Date:

    07/31/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendants

PEZO CHRISTINA M.

PEZO ADRIEL

Attorney/Law Firm Details

Plaintiff Attorney

AGUIRRE JAMES

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order Stipulation for Conditional Settlement & Dismissal Pursuant to CCP 664.6 & Order

1/21/2020: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Conditional Settlement & Dismissal Pursuant to CCP 664.6 & Order

Minute Order - Minute Order (Order to Show Cause - Hearing re: Dismissal Date)

1/21/2020: Minute Order - Minute Order (Order to Show Cause - Hearing re: Dismissal Date)

Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

3/10/2020: Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

7/1/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

9/16/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

Notice of Settlement - Notice of Settlement

11/5/2019: Notice of Settlement - Notice of Settlement

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

11/7/2019: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Request for Dismissal - Request for Dismissal

11/13/2019: Request for Dismissal - Request for Dismissal

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

9/4/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

9/4/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

7/31/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

7/31/2019: Complaint - Complaint

Summons - Summons on Complaint

7/31/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/31/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

3 More Documents Available

 

Docket Entries

  • 09/16/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

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  • 09/16/2020
  • DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 09/16/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/16/2020; Result Type to Held

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  • 07/01/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

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  • 07/01/2020
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 07/01/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 09/16/2020 10:00 AM

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  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/16/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 04/29/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/01/2020 08:30 AM

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  • 03/10/2020
  • DocketMotion to Set Aside/Vacate Dismissal; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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  • 03/10/2020
  • DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 04/29/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/21/2020
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 07/31/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 01/21/2020
  • DocketStipulation and Order Stipulation for Conditional Settlement & Dismissal Pursuant to CCP 664.6 & Order; Signed and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Christina M. Pezo (Defendant)

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11 More Docket Entries
  • 11/05/2019
  • DocketNotice of Settlement; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); Vacate Future Dates: No; Settlement Type: Unconditional; Set Hearing and Generate Notice?: No

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  • 09/04/2019
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Adriel Pezo (Defendant); Proof of Mailing Date: 08/28/2019; Service Cost: 232.00; Service Cost Waived: No

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  • 09/04/2019
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Christina M. Pezo (Defendant); Proof of Mailing Date: 08/28/2019; Service Cost: 232.00; Service Cost Waived: No

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  • 08/01/2019
  • DocketNon-Jury Trial scheduled for 01/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/31/2019
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Adriel Pezo (Defendant); Christina M. Pezo (Defendant)

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  • 07/31/2019
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Adriel Pezo (Defendant); Christina M. Pezo (Defendant)

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  • 07/31/2019
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Adriel Pezo (Defendant); Christina M. Pezo (Defendant)

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  • 07/31/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC07073    Hearing Date: September 16, 2020    Dept: 25

HEARING DATE: Wed., September 16, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Interinsurance Exchange of the Auto Club v. Pezo, et al.

CASE NUMBER: 19STLC07073 COMP. FILED: 07-31-19

NOTICE: NO (hearing) DISMISSAL: 01-21-20

PROCEEDINGS: MOTION TO SET ASIDE DISMISSAL PURSUANT TO CCP § 664.6 AND ENTER JUDGMENT AGAINST DEFENDANT

MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club

RESP. PARTY: None

MOTION TO ENFORCE SETTLEMENT

(CCP §664.6)

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal is PLACED OFF CALENDAR.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of September 14, 2020 [ ] Late [X] None

REPLY: None filed as of September 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On July 31, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action for subrogation against Defendants Adriel Pezo (“Adriel”) and Christina M. Pezo (“Christina”) (collectively, “Defendants”). On November 14, 2019, Defendant Adriel was dismissed from the action without prejudice.

On January 21, 2020, the parties filed a Stipulation for Conditional Settlement and Dismissal Pursuant to C.C.P. 664.6 (the “Stipulation”). The parties themselves signed the Stipulation and Judge Blancarte signed the Order, which states that the “Court…retains jurisdiction to enforce the terms of the settlement per 664.6.” (1/21/20 Order.) That same day, the action was dismissed.

On March 10, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal Pursuant to C.C.P. § 664.6 and Enter Judgment Against Defendant (the “Motion”). On April 16, 2020, the Court, on its own motion, continued to hearing to July 1, 2020 at 8:30 a.m. and ordered Plaintiff to give notice of the continuance. (4/16/20 Notice re Continuance of Hearing and Order.) Defendant Christina did not file an opposition.

At the initial hearing on July 1, 2020, the Court noted Plaintiff had not filed a proof of service demonstrating it gave Defendant Christina notice of the April 16th continuance. (7/1/20 Minute Order.) For this reason, the Court continued the hearing and ordered Plaintiff to file a proof of service demonstrating Defendant Christina was served with a notice of continued hearing. (Id.)

To date, Plaintiff has not filed any supplemental proof of service as requested. Accordingly, the Motion is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 19STLC07073    Hearing Date: July 01, 2020    Dept: 25

MOTION TO SET ASIDE DISMISSAL AND FOR ENTRY OF JUDGMENT

(CCP §664.6)

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal is GRANTED ON THE CONDITION THAT Plaintiff file a proof of service demonstrating it gave Defendant notice of the hearing date and time change. Otherwise, the Motion is CONTINUED TO SEPTEMBER 16, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of June 29, 2020 [ ] Late [X] None

REPLY: None filed as of June 29, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 31, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action for subrogation against Defendants Adriel Pezo (“Adriel”) and Christina M. Pezo (“Christina”) (collectively, “Defendants”). On November 14, 2019, Defendant Adriel was dismissed from the action without prejudice.

On January 21, 2020, the parties filed a Stipulation for Conditional Settlement and Dismissal Pursuant to C.C.P. 664.6 (the “Stipulation”). The parties themselves signed the Stipulation and Judge Blancarte signed the Order, which states that the “Court…retains jurisdiction to enforce the terms of the settlement per 664.6.” (1/21/20 Order.) That same day, the action was dismissed.

On March 10, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal Pursuant to C.C.P. § 664.6 and Enter Judgment Against Defendant (the “Motion”). On April 16, 2020, the Court, on its own motion, continued to hearing to July 1, 2020 at 8:30 a.m. and ordered Plaintiff to give notice of the changes. (4/16/20 Notice of Continuance.)

To date, Defendant Christina has not filed an opposition to the Motion, nor has Plaintiff filed a proof of service demonstrating it gave notice of the hearing changes to Defendant Christina.

  1. 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.)

Furthermore,

[R]equests for retention of jurisdiction must be made prior to a dismissal of the suit. Moreover, like the settlement agreement itself, the request must be made orally before the court or in a signed writing, and it must be made by the parties, not by their attorneys, spouses or other such agents. If, after a suit has been dismissed, a party brings a section 664.6 motion for a judgment on a settlement agreement but cannot present to the court a request for retention of jurisdiction that meets all of these requirements, then enforcement of the agreement must be left to a separate lawsuit.

(Wackeen v. Malis (2002) 97 Cal.App.4th 429, 433.)

  1. Discussion

The Court finds the Stipulation, signed by the parties to be valid and enforceable under Code of Civil Procedure section 664.6. Pursuant to the Stipulation, Defendant Christina would pay $9,207.11 at a rate of $300.00 per month beginning September 27, 2019. (Mot., Aguirre Decl., ¶ 3, Exh. A, p. 2.) In the event of default, the parties agreed that judgment would be entered against Defendant Christina in the amount of “$9,207.11 principal, costs, plus interest at the legal rate from the date of default to date of entry of Judgment, as hereinabove stated, less the total amount of all payments received on account by Plaintiff subsequent to execution of this Stipulation.” (Id.) As of the date this Motion, Defendant Christina made one $300.00 payment but is now in default. (Id. at ¶ 4.)

Although the Court is inclined to grant this Motion, Plaintiff did not file proof it gave Defendant Christina notice that the hearing date and time changed. However, in the interest of judicial economy, the Motion is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff files a proof of service demonstrating it gave Defendant Christina the required notice.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal is GRANTED ON THE CONDITION THAT Plaintiff file a proof of service demonstrating it gave Defendant notice of the hearing date and time change. Otherwise, the Motion is CONTINUED TO SEPTEMBER 16, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.

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