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This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 09:48:48 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ANGEL ORTEGA

Case Summary

On 09/19/2017 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against ANGEL ORTEGA. 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:

    *******1978

  • Filing Date:

    09/19/2017

  • 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

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

ORTEGA ANGEL

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN MARY

Defendant Attorney

DUNKIN CRAIG LEE

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

3/19/2019: Minute Order - Minute Order (Non-Jury Trial)

Stipulation and Order (name extension) - Stipulation and Order For Entry of Judgment

3/29/2019: Stipulation and Order (name extension) - Stipulation and Order For Entry of Judgment

Order (name extension) - Order For Dismissal and Court Retaining Jurisdiction Pursuant to CCP664.6

5/15/2019: Order (name extension) - Order For Dismissal and Court Retaining Jurisdiction Pursuant to CCP664.6

Answer

1/29/2018: Answer

Proof of Service by Substituted Service

10/4/2017: Proof of Service by Substituted Service

Summons - on Complaint

9/19/2017: Summons - on Complaint

Complaint

9/19/2017: Complaint

Civil Case Cover Sheet

9/19/2017: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

9/19/2017: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 05/16/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 05/28/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/16/2019

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  • 05/16/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/16/2019

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  • 05/15/2019
  • DocketOrder For Dismissal and Court Retaining Jurisdiction Pursuant to CCP664.6; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Angel Ortega (Defendant)

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  • 05/15/2019
  • DocketUpdated -- Order For Dismissal and Court Retaining Jurisdiction Pursuant to CCP664.6: Filed By: State Farm Mutual Automobile Insurance Company (Plaintiff); Result: Granted; Result Date: 05/15/2019

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  • 05/15/2019
  • DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 09/19/2017, entered Order for Dismissal without prejudice as to the entire action

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  • 03/29/2019
  • DocketStipulation and Order For Entry of Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Angel Ortega (Defendant)

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  • 03/19/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 05/28/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/19/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 03/19/2019
  • DocketNon-Jury Trial scheduled for 03/19/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 03/19/2019; Result Type to Not Held - Taken Off Calendar by Court

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  • 01/29/2018
  • DocketAnswer; Filed by: Angel Ortega (Defendant)

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  • 10/04/2017
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Angel Ortega (Defendant); Service Cost: 65.50; Service Cost Waived: No

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  • 09/19/2017
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Angel Ortega (Defendant)

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  • 09/19/2017
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/19/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/19/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/19/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 09/19/2017
  • DocketNon-Jury Trial scheduled for 03/19/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/19/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC01978    Hearing Date: March 15, 2021    Dept: 26

State Farm v. Ortega, 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 Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT VICTOR ORTEGA IN THE AMOUNT OF $6,869.65 PRINCIPAL AND $60.00 COSTS.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Victor Ortega (“Defendant”) (erroneously sued as Angel Ortega) on September 19, 2017. On March 29, 2019, Plaintiff file a copy of the parties’ settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court dismissed the action pursuant to the stipulation on May 15, 2019.

On September 2, 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.) Prior to January 1, 2021, “parties” under section 664.6 meant 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 have included 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, Benson Decl., Exh. 1.) 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 $5,469.90 by an initial $3,719.90 payment from Defendant’s insurer, followed by monthly payments starting on April 1, 2019. (Id. at Exh. 1, ¶¶1, 2.) The settlement agreement also provides that upon Defendant’s default, judgment in the amount of the Complaint ($11,139.55), plus costs and interest may be entered in Plaintiff’s favor. (Id. at Exh. 1, ¶¶1, 5.) Payments of $4,269.90 were made towards the settlement, after which Defendant defaulted. (Id. at ¶¶5-6 and Exh. 2.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $6,869.65 principal and $60.00 costs. (Id. at ¶8.)

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT VICTOR ORTEGA IN THE AMOUNT OF $6,869.65 PRINCIPAL AND $60.00 COSTS.

Moving party to give notice. 
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