This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 15:03:00 (UTC).

STATE FARM MUTUAL AUTOMOBIEL INSURANCE COMPANY VS GABINO FLORENTINO

Case Summary

On 02/06/2018 a Contract - Insurance case was filed by STATE FARM MUTUAL AUTOMOBIEL INSURANCE COMPANY against GABINO FLORENTINO 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:

    *******1940

  • Filing Date:

    02/06/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

ELAINE LU

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBIEL INSURANCE COMPANY

Defendant

FLORENTINO GABINO

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

8/9/2019: Proof of Service by Mail - Proof of Service by Mail

Memorandum of Points & Authorities - Memorandum of Points & Authorities

8/9/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration OF JOSEPH A. DUQUE IN SUPPORT OF PLAINTIFF'S MOTION TOVA CATE THE DISMISSAL AND MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT

8/9/2019: Declaration (name extension) - Declaration OF JOSEPH A. DUQUE IN SUPPORT OF PLAINTIFF'S MOTION TOVA CATE THE DISMISSAL AND MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT

Motion to Enforce Settlement - Motion to Enforce Settlement

8/9/2019: Motion to Enforce Settlement - Motion to Enforce Settlement

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

8/9/2019: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Stipulation and Order (name extension) - FOR SETTLEMENT AND DISMISSAL PURSUANT TO CCP 664.6

3/14/2018: Stipulation and Order (name extension) - FOR SETTLEMENT AND DISMISSAL PURSUANT TO CCP 664.6

Order - Dismissal

3/14/2018: Order - Dismissal

Summons - on Complaint

2/6/2018: Summons - on Complaint

Civil Case Cover Sheet

2/6/2018: Civil Case Cover Sheet

Complaint

2/6/2018: Complaint

Notice of Case Assignment - Limited Civil Case

2/6/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 12/16/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Enforce Settlement

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  • 08/09/2019
  • DocketMotion to Enforce Settlement; Filed by: State Farm Mutual Automobiel Insurance Company (Plaintiff); As to: Gabino Florentino (Defendant)

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  • 08/09/2019
  • DocketMemorandum of Points & Authorities; Filed by: State Farm Mutual Automobiel Insurance Company (Plaintiff)

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  • 08/09/2019
  • DocketProof of Service by Mail; Filed by: State Farm Mutual Automobiel Insurance Company (Plaintiff); As to: Gabino Florentino (Defendant)

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  • 08/09/2019
  • DocketMemorandum of Costs (Summary); Filed by: State Farm Mutual Automobiel Insurance Company (Plaintiff); As to: Gabino Florentino (Defendant); Total Costs: 1360.71

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  • 08/09/2019
  • DocketDeclaration OF JOSEPH A. DUQUE IN SUPPORT OF PLAINTIFF'S MOTION TOVA CATE THE DISMISSAL AND MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT; Filed by: State Farm Mutual Automobiel Insurance Company (Plaintiff)

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  • 08/09/2019
  • DocketHearing on Motion to Enforce Settlement scheduled for 12/16/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/21/2018
  • DocketNon-Jury Trial scheduled for 08/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77 Not Held - Vacated by Court on 03/21/2018

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  • 03/21/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77 Not Held - Vacated by Court on 03/21/2018

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  • 03/14/2018
  • DocketStipulation and Order FOR SETTLEMENT AND DISMISSAL PURSUANT TO CCP 664.6; Signed and Filed by: State Farm Mutual Automobiel Insurance Company (Plaintiff); As to: Gabino Florentino (Defendant)

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  • 03/14/2018
  • DocketOrder for dismissal Without Prejudice entered as to entire action

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  • 03/14/2018
  • DocketOrder - Dismissal; Filed by: Clerk

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  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 02/06/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobiel Insurance Company (Plaintiff); As to: Gabino Florentino (Defendant)

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  • 02/06/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobiel Insurance Company (Plaintiff)

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  • 02/06/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/06/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/06/2018
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 02/06/2018
  • DocketNon-Jury Trial scheduled for 08/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/06/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC01940    Hearing Date: February 05, 2020    Dept: 26

State Farm v. Florentino, et al

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is CONTINUED TO APRIL 8, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Gabino Florentino (“Defendant”) on February 6, 2018. On March 14, 2018, Plaintiff dismissed the action pursuant to the Court’s retention of jurisdiction under Code of Civil Procedure section 664.6. Plaintiff now brings the instant Motion to Vacate Dismissal and Enter Judgment Against Defendant (the “Motion”) on the grounds that Defendant has failed to fulfill his obligations under the Settlement Agreement.

The matter came for hearing on December 16, 2020 without Defendant having filed any opposition. Upon Defendant’s appearance at the hearing and following oral argument the Court continued the hearing to February 5, 2020. No further briefing was ordered, permitted, or filed. Plaintiff was ordered to give notice, but to date, has not filed notice of the continuance or demonstrated proof of service of the same. Accordingly, Plaintiff has not demonstrated proper notice of the hearing date on Defendant.

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is CONTINUED TO APRIL 8, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

Case Number: 18STLC01940    Hearing Date: December 16, 2019    Dept: 94

State Farm v. Florentino, et al.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is GRANTED. JUDGMENT IS ENTERED IN THE SUM OF $11,915.01 AGAINST DEFENDANT GABINO FLORENTINO AND IN FAVOR OF PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Gabino Florentino (“Defendant”) on February 6, 2018. On March 14, 2018, Plaintiff dismissed the action pursuant to the Court’s retention of jurisdiction under Code of Civil Procedure section 664.6. Plaintiff now brings the instant Motion to Vacate Dismissal and Enter Judgment Against Defendant (the “Motion”) on the grounds that Defendant has failed to fulfill his obligations under the Settlement Agreement. 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

The Court finds the Settlement Agreement, signed by the parties, to be valid and enforceable under Code of Civil Procedure section 664.6. Pursuant to the Agreement, Plaintiff is required to pay $15,523.93, of which his insurer would pay $4,897.22 and Defendant would pay the remainder in bi-monthly installments. (Motion, Mafouz II Decl., Exh. A at ¶5.) In the event of default, Defendant is liable for the remaining principal balance, interest at the legal rate, costs and attorney’s fees. (Id. at Exh. A at ¶8.) As of the filing of this Motion, Defendant is in default and has only paid $1,400.00.  (Id. at ¶¶10 and Exh. B.)  Accordingly, judgment should be entered pursuant to Section 664.6 in the total amount of $11,915.01 based on unpaid principal of $9,226.71, interest of $1,327.59, costs of $505.00 and attorney’s fees of $855.71. (Id. at ¶13.)

Based on Defendant’s default on the parties’ settlement agreement, the Motion to Vacate Dismissal and Enter Judgment Pursuant to Settlement is GRANTED. JUDGMENT IS ENTERED IN THE SUM OF $11,915.01 AGAINST DEFENDANT GABINO FLORENTINO AND IN FAVOR OF PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Moving party to give notice.