On 01/22/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against ARTHUR EDWARD HERNANDEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Disposed - Judgment Entered.
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01/22/2018
Disposed - Judgment Entered
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
ELAINE LU
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
HERNANDEZ ARTHUR EDWARD
PLEASANT JOSEPH M
SIMS MARY T.
2/11/2021: Notice of Ruling - Notice of Ruling
9/26/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach
9/26/2019: Order (name extension) - Order Orderfor Dismissal with Reservation to Vacate and Enter Judgment Upon Breach
8/21/2020: Declaration (name extension) - Declaration OF JENNIFER MYERS ESQ ISO MOTION TO VACATE DISMISSAL
8/21/2020: Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal
8/21/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
1/19/2021: Notice of Entry of Judgment / Dismissal / Other Order - Notice of Entry of Judgment / Dismissal / Other Order
1/19/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...) of 01/19/2021
1/19/2021: Judgment - Judgment
1/19/2021: Minute Order - Minute Order (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...)
7/12/2019: Notice of Settlement - Notice of Settlement
7/12/2019: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)
7/3/2018: Demand for Jury Trial
7/3/2018: Answer
1/22/2018: Summons - on Complaint
1/22/2018: Civil Case Cover Sheet
1/22/2018: Complaint
1/22/2018: Notice of Case Assignment - Limited Civil Case
DocketNotice of Ruling; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Arthur Edward Hernandez (Defendant)
DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by: Clerk
DocketJudgment; Filed by: Clerk
DocketStipulated judgment entered for Plaintiff State Farm Mutual Automobile Insurance Company against Defendant Arthur Edward Hernandez on the Complaint filed by State Farm Mutual Automobile Insurance Company on 01/22/2018 for the principal amount of $6,207.39 and costs of $60.00 for a total of $6,267.39.
DocketDismissal entered on 09/26/2019, as to entire action is Vacated - Court order on motion.
DocketMinute Order (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...)
DocketCertificate of Mailing for (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...) of 01/19/2021; Filed by: Clerk
DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 01/19/2021 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/19/2021; Result Type to Held - Motion Granted
DocketUpdated -- 01/19/2021 Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473): Location changed from Department 25 to Department 26
DocketAnswer; Filed by: Arthur Edward Hernandez (Defendant)
DocketDemand for Jury Trial; Filed by: Arthur Edward Hernandez (Defendant)
DocketCase reassigned to Stanley Mosk Courthouse in Department 77
DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 07/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 01/25/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Arthur Edward Hernandez (Defendant)
Case Number: 18STLC01277 Hearing Date: January 19, 2021 Dept: 26
State Farm v.
Hernandez, 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 IN THE
AMOUNT OF $6,207.39 PRINCIPAL AND $60.00 COSTS.
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.
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