This case was last updated from Los Angeles County Superior Courts on 08/24/2019 at 01:16:49 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS CHRISTOPHER ISAIAH ROMAN, ET AL.

Case Summary

On 09/13/2018 a Personal Injury - Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB against CHRISTOPHER ISAIAH ROMAN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1746

  • Filing Date:

    09/13/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

Defendants

ROMAN CHRISTOPHER ISAIAH

ROMAN ANDREW JAMES

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order Stipulation for Conditional Settlement and Dismissal

4/19/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Conditional Settlement and Dismissal

Declaration (name extension) - Declaration Declaration of Default Under Stipulation for Judgment and Request for Entry of Judgment

6/28/2019: Declaration (name extension) - Declaration Declaration of Default Under Stipulation for Judgment and Request for Entry of Judgment

Proof of Personal Service - Proof of Personal Service

11/15/2018: Proof of Personal Service - Proof of Personal Service

Complaint

9/13/2018: Complaint

Summons - on Complaint

9/13/2018: Summons - on Complaint

Civil Case Cover Sheet

9/13/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

9/13/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/28/2019
  • DocketDeclaration Declaration of Default Under Stipulation for Judgment and Request for Entry of Judgment; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff)

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  • 04/19/2019
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club on 09/13/2018, entered Order for Dismissal with prejudice as to the entire action

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  • 04/19/2019
  • DocketStipulation and Order Stipulation for Conditional Settlement and Dismissal; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Christopher Isaiah Roman (Defendant); Andrew James Roman (Defendant)

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  • 04/19/2019
  • DocketNon-Jury Trial scheduled for 03/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 04/19/2019

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  • 04/19/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 04/19/2019

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 11/15/2018
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Andrew James Roman (Defendant); Service Date: 10/28/18; Service Cost: 100.00; Service Cost Waived: No

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  • 09/14/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 09/14/2018
  • DocketNon-Jury Trial scheduled for 03/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/14/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/13/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Christopher Isaiah Roman (Defendant); Andrew James Roman (Defendant)

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  • 09/13/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff)

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  • 09/13/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/13/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC11746    Hearing Date: January 30, 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 and Enter Judgment against Defendants is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANTS CHRISTOPHER ISAIAH ROMAN AND ANDREW JAMES ROMAN IN THE AMOUNT OF $14,343.47.

I. Background

On September 13, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action for subrogation against Defendants Christopher Isaiah Roman and Andrew James Roman (collectively, “Defendants”).

On April 19, 2019, the parties signed a Stipulation for Conditional Settlement and Dismissal Pursuant to C.C.P 664.6 (the “Stipulation”). The Stipulation was signed by Defendants on December 3, 2018, and by Plaintiffs on March 27, 2019. (Stipulation, p. 4.) Judge James Blancarte signed the Order on April 19, 2019, which stated that the Court “[retained] jurisdiction to enforce the terms of the settlement.” (4/19/19 Order.)

On December 4, 2019, Plaintiff filed the instant Motion to Set Aside Dismissal Pursuant to C.C.P. § 664.6 and Enter Judgment Against Defendants (the “Motion”). To date, no opposition or reply briefs have been filed.

II. 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.)

III. Discussion

The Court finds the Stipulation, signed by the parties, to be valid and enforceable under Code of Civil Procedure section 664.6. The Stipulation provides that starting December 15, 2018, Defendants would pay Plaintiff $14,343.47 at a rate of $100.00 per month until paid in full. (Mot., Aguirre Decl., ¶ 3, Exh. A, p. 2:10-13.) The Stipulation also provides that, in the event of default, Plaintiff may move for entry of judgment in the amount of “$14,343.47, $0.00 in costs, plus interest at the legal rate from the date of default to date of entry of Judgment” less any payments made. (Id. p. 2:23-28.) Defendants have not made any payments toward the stipulated judgment. (Id., ¶ 4.)

Plaintiff’s Motion is GRANTED. Based on the Stipulation and Defendants’ default thereunder, Plaintiff is entitled to entry of judgment in the amount of $14,343.47. However, Plaintiff is not entitled to $760.00 in costs as requested because the Stipulation explicitly states that Plaintiff is entitled to “$0.00 in costs.” (Id., ¶ 3 Exh. A, p. 2:23-28.)

IV. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal and Enter Judgment against Defendants is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANTS CHRISTOPHER ISAIAH ROMAN AND ANDREW JAMES ROMAN IN THE AMOUNT OF $14,343.47.

Moving party is ordered to give notice.