Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 06/11/2021 at 06:36:25 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS LAMARR LAVELLE WHITAKER

Case Summary

On 05/01/2018 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against LAMARR LAVELLE WHITAKER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6769

  • Filing Date:

    05/01/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendant

WHITAKER LAMARR LAVELLE

Attorney/Law Firm Details

Plaintiff Attorney

MCCLAIN DEBORAH LORRAINE

Defendant Attorney

VELLA LOUIS JOHN

 

Court Documents

Notice (name extension) - Notice OF HEARING

11/15/2019: Notice (name extension) - Notice OF HEARING

Notice of Settlement - Notice of Settlement

1/3/2020: Notice of Settlement - Notice of Settlement

Stipulation and Order (name extension) - Stipulation and Order Stipulation for Conditional Settlement & Dismissal Pursuant to CCP664.6

2/21/2020: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Conditional Settlement & Dismissal Pursuant to CCP664.6

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

11/17/2020: Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

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

2/1/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

Minute Order - Minute Order (Non-Jury Trial)

10/29/2019: Minute Order - Minute Order (Non-Jury Trial)

Answer

8/8/2018: Answer

Proof of Personal Service

7/2/2018: Proof of Personal Service

Summons - on Complaint

5/1/2018: Summons - on Complaint

Civil Case Cover Sheet

5/1/2018: Civil Case Cover Sheet

Complaint

5/1/2018: Complaint

Notice of Case Assignment - Limited Civil Case

5/1/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 02/01/2021
  • DocketUpdated -- Motion to Set Aside/Vacate Dismissal: Filed By: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); Result: Granted; Result Date: 02/01/2021

    Read MoreRead Less
  • 02/01/2021
  • DocketStipulated judgment entered for Plaintiff Interinsurance Exchange of the Automobile Club, an interinsurance exchange against Defendant Lamarr Lavelle Whitaker on the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 05/01/2018 for the principal amount of $4,550.00 and costs of $390.00 for a total of $4,940.00.

    Read MoreRead Less
  • 02/01/2021
  • DocketDismissal entered on 02/21/2020, as to entire action is Vacated - .

    Read MoreRead Less
  • 02/01/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

    Read MoreRead Less
  • 02/01/2021
  • DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 02/01/2021 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/01/2021; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 11/18/2020
  • DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 02/01/2021 at 09:00 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 11/17/2020
  • DocketMotion to Set Aside/Vacate Dismissal; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

    Read MoreRead Less
  • 02/21/2020
  • DocketStipulation and Order Stipulation for Conditional Settlement & Dismissal Pursuant to CCP664.6; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Lamarr Lavelle Whitaker (Defendant)

    Read MoreRead Less
  • 02/21/2020
  • DocketUpdated -- Stipulation and Order Stipulation for Conditional Settlement & Dismissal Pursuant to CCP664.6: Status changed from Filed to Signed and Filed

    Read MoreRead Less
  • 02/21/2020
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 05/01/2018, entered Order for Dismissal without prejudice as to the entire action

    Read MoreRead Less
7 More Docket Entries
  • 10/29/2019
  • DocketNon-Jury Trial scheduled for 10/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/29/2019; Result Type to Held

    Read MoreRead Less
  • 08/08/2018
  • DocketAnswer; Filed by: Lamarr Lavelle Whitaker (Defendant)

    Read MoreRead Less
  • 07/02/2018
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Lamarr Lavelle Whitaker (Defendant); Service Date: 06/06/2018; Service Cost: 100.00; Service Cost Waived: No

    Read MoreRead Less
  • 05/03/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 05/03/2018
  • DocketNon-Jury Trial scheduled for 10/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/03/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 05/01/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 05/01/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

    Read MoreRead Less
  • 05/01/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Lamarr Lavelle Whitaker (Defendant)

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC06769    Hearing Date: February 01, 2021    Dept: 26

Interinsurance Exchange of the Automobile Club v. Whitaker, et al.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is GRANTED IN THE AMOUNT OF $4,550.00 PRINCIPAL AND $390.00 COSTS.

ANALYSIS:

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Lamarr Lavelle Whitaker (“Defendant”) on May 1, 2018. On February 21, 2020, Plaintiff filed a stipulation for entry of judgment and order to retain jurisdiction under Code of Civil Procedure section 664.6. The Court signed the order and dismissed the action without prejudice on the same date. On November 17, 2020, Plaintiff filed the instant Motion to Enforce the Settlement and Enter Judgment against Defendant (“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 demonstrated compliance with the statutory requirements set forth above. (Motion, McClain Decl., Exh. A.) The settlement agreement and request for retention of jurisdiction were signed by both parties and presented to the Court prior to dismissal of the action and entry of order on the same. The settlement provides that Defendant would pay Plaintiff the sum of $5,000.00 in monthly payments starting January 1, 2020 until paid in full. (Id. at Exh. A, p. 2:9-12.) Defendant’s insurer also agreed to pay $8,378.14 as part of the settlement. (Id. at Exh. A, p. 1:20-22.) The settlement agreement provides that if Defendant defaults, Plaintiff may move for entry of judgment in the amount of the total settlement agreement plus costs and interest, but less payments made. (Id. at Exh. A, pp. 2:21-3:2.)

Payments of $8,828.14 were made towards the stipulated judgment, after which Defendant defaulted. (Id. at ¶4.) In light of Defendant’s violation of the stipulated settlement terms, Plaintiff’s Motion to Enforce Settlement is GRANTED. Plaintiff is entitled to entry of judgment in the amount of $4,550.00 principal and $390.00 costs. (Id. at ¶7.)

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where INTERINSURANCE EXCHANGE OF THE AUTO CLUB is a litigant

Latest cases represented by Lawyer VELLA LOUIS J. ESQ.