STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ARTHUR EDWARD HERNANDEZ

Tentative Rulings

Case Number: 18STLC01277    Hearing Date: January 19, 2021    Dept: 26

State Farm v. Hernandez, et al

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Arthur Edward Hernandez (“Defendant”) on January 22, 2018. On September 26, 2019, Plaintiff filed a stipulation for entry of judgment and order to retain jurisdiction under Code of Civil Procedure section 664.6. The Court signed the order and dismissed the action without prejudice on the same date. On August 21, 2020, Plaintiff filed the instant Motion to Enforce the Settlement and Enter Judgment against Defendant (“the Motion”). 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

Plaintiff has demonstrated compliance with the statutory requirements set forth above. (Motion, Myers Decl., Exh. A.) The settlement agreement and request for retention of jurisdiction were signed by both parties and presented to the Court prior to dismissal of the action and entry of order on the same. The settlement provides that Defendant would pay Plaintiff the sum of $8,479.01 in monthly payments starting August 1, 2019 until paid in full. (Id. at Exh. A, ¶2.) The settlement agreement also provides that if Defendant defaults, Plaintiff may move for entry of judgment in the amount of the Complaint ($10,086.40) plus costs and interest, but less payments made. (Id. at Exh. A, ¶3.)

Payments of $3,879.01 were made towards the stipulated judgment, after which Defendant defaulted. (Id. at ¶4.) In light of Defendant’s violation of the stipulated settlement terms, Plaintiff’s Motion to Enforce Settlement is GRANTED. Plaintiff is entitled to entry of judgment in the amount of $6,207.39 principal and $60.00 costs. (Id. at ¶6.)

Moving party to give notice.