This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 08:23:31 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS ROSA HIDED ALVARADO HERNANDEZ

Case Summary

On 09/06/2017 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB filed a Personal Injury - Motor Vehicle lawsuit against ROSA HIDED ALVARADO HERNANDEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1158

  • Filing Date:

    09/06/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

Defendant

ALVARADO HERNANDEZ ROSA HIDED

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD FREDERICK

Defendant Attorney

PARK ALEXANDER C.

 

Court Documents

Order (name extension) - Order to Continue Trial

6/18/2019: Order (name extension) - Order to Continue Trial

Minute Order - Minute Order (Hearing on Ex Parte Application for an Order to Continue Trial)

6/20/2019: Minute Order - Minute Order (Hearing on Ex Parte Application for an Order to Continue Trial)

Ex Parte Application (name extension) - Ex Parte Application for an Order to Continue Trial

6/20/2019: Ex Parte Application (name extension) - Ex Parte Application for an Order to Continue Trial

Stipulation and Order (name extension) - Stipulation and Order Stipulation to Continue Trial and Cutoff Dates

2/28/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation to Continue Trial and Cutoff Dates

Answer

11/22/2017: Answer

Proof of Service by Substituted Service

10/30/2017: Proof of Service by Substituted Service

Summons - on Complaint

9/6/2017: Summons - on Complaint

Civil Case Cover Sheet

9/6/2017: Civil Case Cover Sheet

Complaint

9/6/2017: Complaint

Notice of Case Assignment - Limited Civil Case

9/6/2017: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/09/2020
  • 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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  • 10/02/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/20/2019
  • DocketMinute Order (Hearing on Ex Parte Application for an Order to Continue Trial)

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  • 06/20/2019
  • DocketHearing on Ex Parte Application for an Order to Continue Trial scheduled for 06/20/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 06/20/2019; Result Type to Held

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  • 06/20/2019
  • DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 06/28/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Continued - by Court was rescheduled to 10/02/2019 08:30 AM

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  • 06/20/2019
  • DocketEx Parte Application for an Order to Continue Trial; Filed by: Interinsurance Exchange of The Automobile Club (Plaintiff); As to: Rosa Hided Alvarado Hernandez (Defendant)

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  • 06/18/2019
  • DocketHearing on Ex Parte Application for an Order to Continue Trial scheduled for 06/20/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

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  • 06/18/2019
  • DocketOrder to Continue Trial; Filed by: Interinsurance Exchange of The Automobile Club (Plaintiff); As to: Rosa Hided Alvarado Hernandez (Defendant)

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  • 02/28/2019
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 03/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Stipulation was rescheduled to 06/28/2019 08:30 AM

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  • 02/28/2019
  • DocketStipulation and Order Stipulation to Continue Trial and Cutoff Dates; Filed by: Interinsurance Exchange of The Automobile Club (Plaintiff); As to: Rosa Hided Alvarado Hernandez (Defendant)

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2 More Docket Entries
  • 11/28/2017
  • DocketAnswer; Filed by: Rosa Hided Alvarado Hernandez (Defendant)

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  • 11/22/2017
  • DocketUpdated -- Answer: Status Date changed from 11/28/2017 to 11/22/2017

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  • 10/30/2017
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of The Automobile Club (Plaintiff); As to: Rosa Hided Alvarado Hernandez (Defendant); Proof of Mailing Date: 10/19/2017; Service Cost: 110.00; Service Cost Waived: No

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  • 09/06/2017
  • DocketComplaint; Filed by: Interinsurance Exchange of The Automobile Club (Plaintiff); As to: Rosa Hided Alvarado Hernandez (Defendant)

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  • 09/06/2017
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of The Automobile Club (Plaintiff)

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  • 09/06/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/06/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/06/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 09/06/2017
  • DocketNon-Jury Trial scheduled for 03/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/06/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/09/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC01158    Hearing Date: February 22, 2021    Dept: 26

Interinsurance Exchange v. West, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT ROSA HIDED ALVARADO HERNANDEZ IN THE AMOUNT OF $3,144.73 principal, $480.00 in costs and interest at 10 percent per annum from September 6, 2017.

ANALYSIS:

On September 6, 2017, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Rosa Hided Alvarado Hernandez (“Defendant”). On January 29, 2020, Plaintiff filed a copy of its settlement agreement with Defendant and the Court dismissed the action with an order to retain jurisdiction pursuant to Code of Civil Procedure section 664.6.

On July 15, 2020, Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment. 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.)

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.)

Discussion

Plaintiff has demonstrated the settlement agreement complies with the statutory requirements set forth above. (Motion, Tapper Decl., Exh. A.) The settlement was signed by both parties and the Court ordered the action dismissed following the parties’ request to retain jurisdiction. The settlement provides that Defendant would pay Plaintiff $8,000.00 through a $5,000.00 from her insurer, followed by monthly payments starting on October 20, 2019. (Id. at Exh. A, ¶2.) The settlement agreement also provides that upon Defendant’s default, judgment in the amount of $8,144.73, plus costs and interest may be entered in Plaintiff’s favor. (Id. at Exh. A, ¶1.) Payments of $5,000.00 were made towards the settlement, after which Defendant defaulted. (Id. at ¶¶5-6.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $3,144.73 principal, $480.00 in costs and interest at 10 percent per annum from September 6, 2017. (Id. at ¶6.)

Conclusion

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT ROSA HIDED ALVARADO HERNANDEZ IN THE AMOUNT OF $3,144.73 principal, $480.00 in costs and interest at 10 percent per annum from September 6, 2017.

Moving party to give notice.

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