This case was last updated from Los Angeles County Superior Courts on 10/09/2021 at 06:01:57 (UTC).

KEY INSURANCE COMPANY VS MAURICIO GARCIA, ET AL.

Case Summary

On 06/25/2018 KEY INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against MAURICIO GARCIA. 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:

    *******8613

  • Filing Date:

    06/25/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

KEY INSURANCE COMPANY

Defendants

PEREZ ELVA

GARCIA MAURICIO

Los Angeles, CA 90007

Attorney/Law Firm Details

Plaintiff Attorney

FERBER BRIAN JEFFREY

 

Court Documents

Request for Refund / Order - Request for Refund / Order

8/9/2021: Request for Refund / Order - Request for Refund / Order

Motion re: (name extension) - Motion re: MOTION FOR AN ENTRY OF STIPULATED JUDGMENT

6/30/2021: Motion re: (name extension) - Motion re: MOTION FOR AN ENTRY OF STIPULATED JUDGMENT

Declaration (name extension) - Declaration MOTION FOR AN ENTRY OF STIPULATED JUDGMENT

6/30/2021: Declaration (name extension) - Declaration MOTION FOR AN ENTRY OF STIPULATED JUDGMENT

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

1/21/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

3/30/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

3/30/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Motion for Stipulated Judgment - Motion for Stipulated Judgment

6/24/2020: Motion for Stipulated Judgment - Motion for Stipulated Judgment

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/26/2020

6/26/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/26/2020

Notice (name extension) - Notice OF HEARING DATE FOR MOTION FOR AN ENTRY OF JUDGMENT AGAINST DEFENDANTS MAURICIO GARCIA AND ELVA PEREZ PURSUANT TO A STIPULATED JUDGMENT UNDER CODE OF CIVIL PROCEDURE

7/6/2020: Notice (name extension) - Notice OF HEARING DATE FOR MOTION FOR AN ENTRY OF JUDGMENT AGAINST DEFENDANTS MAURICIO GARCIA AND ELVA PEREZ PURSUANT TO A STIPULATED JUDGMENT UNDER CODE OF CIVIL PROCEDURE

Minute Order - Minute Order (Court Order re: Continuance;)

4/7/2021: Minute Order - Minute Order (Court Order re: Continuance;)

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Stipulated Judgment/Dismissal;) of 06/08/2021

6/8/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Stipulated Judgment/Dismissal;) of 06/08/2021

Notice (name extension) - Notice of continuance re osc dismissal

6/8/2021: Notice (name extension) - Notice of continuance re osc dismissal

Notice: Waiver of Court Fees (Superior Court)

9/14/2018: Notice: Waiver of Court Fees (Superior Court)

Order on Court Fee Waiver (Superior Court)

7/31/2018: Order on Court Fee Waiver (Superior Court)

Notice of Case Assignment - Limited Civil Case

6/25/2018: Notice of Case Assignment - Limited Civil Case

21 More Documents Available

 

Docket Entries

  • 08/23/2021
  • DocketOrder to Show Cause Re: Entry of Stipulated Judgment/Dismissal scheduled for 10/05/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/23/2021

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  • 08/23/2021
  • DocketHearing on Motion for Order of Entry of Stipulated Judgment in the Sum of $10,893.10 Against Defendants Pursuant to A Stipulated Judgment Under CCP 664.6; Attorneys Fees and Costs of $1,061.83; Prejudgment Interest of $2,718 scheduled for 10/28/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/23/2021

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  • 08/17/2021
  • DocketUpdated -- Motion for Entry of Stipulated Judgment in the Sum of $10,893.10 Against Defendants Pursuant to A Stipulated Judgment Under CCP 664.6; Attorneys Fees and Costs of $1,061.83; Prejudgment Interest of $2,718: Name Extension: blank; Exact Name: Motion for Entry of Stipulated Judgment in the Sum of $10,893.10 Against Defendants Pursuant to A Stipulated Judgment Under CCP 664.6; Attorneys Fees and Costs of $1,061.83; Prejudgment Interest of $2,718; As To Parties changed from Elva Perez (Defendant), Mauricio Garcia (Defendant) to Mauricio Garcia (Defendant), Elva Perez (Defendant)

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  • 08/17/2021
  • DocketUpdated -- Declaration In Support of Judgment Pursuant to Stipulation for Entry of Judgment (CCP 664.6): Name Extension changed from MOTION FOR AN ENTRY OF STIPULATED JUDGMENT to In Support of Judgment Pursuant to Stipulation for Entry of Judgment (CCP 664.6); As To Parties: removed

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  • 08/17/2021
  • DocketUpdated -- Event scheduled for 10/28/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Motion - Other (name extension) to Hearing on Motion for Order (name extension)

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  • 08/09/2021
  • DocketRequest for Refund / Order; Filed by: Key Insurance Company (Plaintiff)

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  • 07/28/2021
  • DocketJudgment By Stipulation; Signed and Filed by: Key Insurance Company (Plaintiff); As to: Mauricio Garcia (Defendant); Elva Perez (Defendant)

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  • 07/28/2021
  • DocketUpdated -- Judgment By Stipulation: Filed By: Key Insurance Company (Plaintiff); Result: Granted; Result Date: 07/28/2021

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  • 07/28/2021
  • DocketStipulated judgment entered for Plaintiff Key Insurance Company against Defendant Mauricio Garcia and Defendant Elva Perez on the Complaint filed by Key Insurance Company on 06/25/2018 for the principal amount of $10,893.10, attorney fees of $500.00, interest of $2,718.00, and costs of $561.83 for a total of $14,672.93.

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  • 07/01/2021
  • DocketHearing on Motion - Other MOTION FOR AN ENTRY OF STIPULATED JUDGMENT scheduled for 10/28/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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41 More Docket Entries
  • 07/31/2018
  • DocketRequest to Waive Court Fees; Filed by: Mauricio Garcia (Defendant)

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  • 07/31/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Mauricio Garcia (Defendant)

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  • 07/31/2018
  • DocketRequest to Waive Court Fees; Filed by: Elva Perez (Defendant)

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  • 06/28/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 06/28/2018
  • DocketNon-Jury Trial scheduled for 12/23/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/28/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/28/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/25/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/25/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 06/25/2018
  • DocketCivil Case Cover Sheet; Filed by: Key Insurance Company (Plaintiff)

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  • 06/25/2018
  • DocketComplaint; Filed by: Key Insurance Company (Plaintiff); As to: Mauricio Garcia (Defendant); Elva Perez (Defendant)

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Tentative Rulings

Case Number: 18STLC08613    Hearing Date: September 10, 2020    Dept: 26

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

PLAINTIFF KEY INSURANCE COMPANY’S MOTION TO ENTER JUDGMENT PURSUANT TO STIPULATION IS DENIED.

ANALYSIS:

Plaintiff Key Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Mauricio Garcia and Elva Perez (“Defendants”) on June 25, 2018. On August 22, 2018, Plaintiff filed a Notice of Conditional Settlement of Entire Case. On June 24, 2020, Plaintiff filed the instant Motion for Stipulated Judgment under the parties’ settlement agreement. To date, no opposition has been filed.

The Motion is brought 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.)

Plaintiff has not demonstrated complied with the requirements of Code of Civil Procedure section 664.6 as set forth above. (Motion, Jayson Decl., Exh. 1.) The settlement agreement is not signed by an authorized corporate representative for Plaintiff. Rather, it is signed only by Plaintiff’s counsel, Jeffrey K. Jayson. (Id. at ¶1 and Exh. 1, p. 3.) This is inadequate under long-established case law. (Levy v. Superior Court (1995) 10 Cal.4th 578, 586; Provost v. Regents of University of California (2011) 201 Cal.App.4th 1289, 1296-1297.)

Therefore, PLAINTIFF KEY INSURANCE COMPANY’S MOTION TO ENTER JUDGMENT PURSUANT TO STIPULATION IS DENIED.

Moving party to give notice.

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