This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 16:55:13 (UTC).

MERCURY INSURANCE COMPANY VS EDGAR SAMOSA

Case Summary

On 12/05/2017 MERCURY INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against EDGAR SAMOSA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4787

  • Filing Date:

    12/05/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

MERCURY INSURANCE COMPANY

Defendants

ALLIANCE UNITED PARKING SYSTEM LLC DBA ABC VALET

SAMOSA EDGAR

Attorney/Law Firm Details

Plaintiff Attorneys

SPLINTER ROBERT GEORGE

THAI MIN NHU

Defendant Attorney

HORWITZ ALAN MICHAEL

 

Court Documents

Notice of Case Assignment - Limited Civil Case

12/5/2017: Notice of Case Assignment - Limited Civil Case

Complaint

12/5/2017: Complaint

Civil Case Cover Sheet

12/5/2017: Civil Case Cover Sheet

Summons - on Complaint

12/5/2017: Summons - on Complaint

Proof of Service by Substituted Service

1/29/2018: Proof of Service by Substituted Service

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

5/31/2019: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Notice of Settlement - Notice of Settlement

5/16/2019: Notice of Settlement - Notice of Settlement

Answer

3/12/2018: Answer

Stipulation and Order (name extension) - Stipulation and Order STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE WITH THE COURT RETAINING JURISDICTION TO ENFORCE THE SETTLEMENT AGREEMENT B

5/16/2019: Stipulation and Order (name extension) - Stipulation and Order STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE WITH THE COURT RETAINING JURISDICTION TO ENFORCE THE SETTLEMENT AGREEMENT B

 

Docket Entries

  • 07/12/2019
  • DocketOn the Complaint filed by Mercury Insurance Company on 12/05/2017, entered Order for Dismissal with prejudice as to the entire action

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  • 07/12/2019
  • DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 07/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 07/12/2019

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  • 05/31/2019
  • DocketUpdated -- Notice of Settlement: As To Parties: removed

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  • 05/31/2019
  • DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 07/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/31/2019
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 05/31/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/31/2019

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  • 05/31/2019
  • DocketNon-Jury Trial scheduled for 06/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/31/2019

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  • 05/16/2019
  • DocketNotice of Settlement; Filed by: Mercury Insurance Company (Plaintiff); Vacate Future Dates: No

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  • 05/16/2019
  • DocketStipulation and Order STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE WITH THE COURT RETAINING JURISDICTION TO ENFORCE THE SETTLEMENT AGREEMENT BETWEEN THE PARTIES PURSUANT TO CCP 664.6; Filed by: Mercury Insurance Company (Plaintiff); As to: Edgar Samosa (Defendant); Alliance United Parking System, LLC (Defendant)

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  • 03/12/2018
  • DocketAnswer; Filed by: Edgar Samosa (Defendant); Alliance United Parking System, LLC (Defendant)

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  • 01/29/2018
  • DocketProof of Service by Substituted Service; Filed by: Mercury Insurance Company (Plaintiff); As to: Alliance United Parking System, LLC (Defendant); Proof of Mailing Date: 01/18/2018; Service Cost: 75.00; Service Cost Waived: No

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  • 12/06/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 12/05/2017
  • DocketComplaint; Filed by: Mercury Insurance Company (Plaintiff); As to: Edgar Samosa (Defendant)

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  • 12/05/2017
  • DocketCivil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff)

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  • 12/05/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/05/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/05/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 12/05/2017
  • DocketNon-Jury Trial scheduled for 06/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 12/05/2017
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 12/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

b"

Case Number: 17STLC04787 Hearing Date: October 13, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO ENTER JUDGMENT PURSUANT TO SETTLEMENT AGREEMENT UNDER CCP § 664.6

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MOVING PARTY: Plaintiff\r\nMercury Insurance Company

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RESP. PARTY: None

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MOTION TO ENFORCE SETTLEMENT

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(CCP § 664.6)

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TENTATIVE RULING:

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Plaintiff Mercury Insurance Company’s\r\nMotion to Enter Judgment Pursuant to Settlement Agreement Under CCP § 664.6 is GRANTED.\r\nJudgment to be entered against Defendants Edgar Samosa and Alliance United\r\nParking Systems, LLC in the amount of $16,584.46.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of October\r\n8, 2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof October 8, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On December 5, 2017, Plaintiff Mercury Insurance Company\r\n(“Plaintiff”) filed an action against Defendants Edgar Samosa (“Samosa”) and\r\nAlliance United Parking Systems, LLC (“Alliance”) (collectively, “Defendants”)\r\nseeking $18,710.46 in damages. Defendants filed an Answer on March 12, 2018.

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On July 12, 2019, Plaintiff filed a Stipulation to\r\ndismiss the case without prejudice and request for the Court to retain\r\njurisdiction to enforce the settlement. (7/12/19 Stipulation.) The Hon. James\r\nBlancarte signed an order that same day dismissing the action but retaining\r\njurisdiction to enforce the settlement agreement under Code of Civil Procedure\r\nsection 664.6. (7/12/19 Order.)

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Plaintiff filed the instant Motion to Enter Judgment\r\nPursuant to Settlement Agreement (the “Motion”) on June 10, 2021. No opposition\r\nwas filed.

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II. \r\nLegal\r\nStandard

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Under Code of Civil Procedure, section 664.6:

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\r\n(a) If parties to pending litigation stipulate, in a writing signed by the\r\nparties outside of the presence of the court or orally before the\r\ncourt, for settlement of the case, or part thereof, the court, upon motion, may\r\nenter judgment pursuant to the terms of the settlement. If requested by the\r\nparties, the court may retain jurisdiction over the parties to enforce the\r\nsettlement until performance in full of the terms of the settlement.

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(b) For purposes of this section, a writing is signed by\r\na party if it is signed by any of the following:

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(1) The party.

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(2) An attorney who represents the party.

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(3) If the party is an insurer, an agent who is\r\nauthorized in writing by the insurer to sign on the insurer's behalf.”

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III. \r\nDiscussion\r\n

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The Stipulation was signed by Defendants and their\r\ncounsel on May 8 and by Plaintiff and its counsel on May 15. (7/12/19\r\nStipulation.) The parties’ Settlement Agreement and Mutual Release (the\r\n“Settlement Agreement”) provides that Defendants would pay Plaintiff the sum of\r\n$11,000.00 at a rate of $2,000.00 per month beginning on July 1, 2019 until\r\npaid in full. (Id.) In the event a payment is not made as set forth\r\nabove, Defendants’ attorney must be notified. (Id.) Defendants would\r\nhave ten days after the notice of mailing to cure any default. (Id.) If\r\na default is not cured, Plaintiff is entitled to seek a judgment against\r\nDefendants, jointly and severally, in the amount of $18,710.46 plus costs of\r\n$370.00 and service fees of $75.00, plus attorney’s fees less any payments\r\nreceived. (Id.)

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Plaintiff provides evidence that Defendants paid a total\r\nof $3,331.00, but have not made any payments since October 2020. (Mot., Thai\r\nDecl., ¶ 5.) Plaintiff also provides evidence demonstrating that Plaintiff’s\r\ncounsel’s office sent several past due letters to Defendants’ attorney, but the\r\ndefault was not cured. (Id. at ¶ 5, Exh. 3.)

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Plaintiff requests that a judgment of $16,584.46, based\r\non a principal amount of $18,710.46 plus costs of $445.00 plus attorney’s fees\r\nof $760 less payments received of $3,331.00, be entered against Defendants,\r\njointly and severally. (Id., ¶ 6.)

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Plaintiff’s request is GRANTED.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nMercury Insurance Company’s Motion to Enter Judgment Pursuant to Settlement\r\nAgreement Under CCP § 664.6 is GRANTED. Judgment to be entered against\r\nDefendants Edgar Samosa and Alliance United Parking Systems, LLC in the amount\r\nof $16,584.46.

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Moving party is ordered to give\r\nnotice.

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