This case was last updated from Los Angeles County Superior Courts on 09/17/2021 at 07:36:06 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ARTHUR EDWARD HERNANDEZ

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1277

  • Filing Date:

    01/22/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

HERNANDEZ ARTHUR EDWARD

Attorney/Law Firm Details

Plaintiff Attorney

PLEASANT JOSEPH M

Defendant Attorney

SIMS MARY T.

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

8/12/2021: Proof of Service by Mail - Proof of Service by Mail

Notice (name extension) - Notice Notice of Entry of Judgment

8/12/2021: Notice (name extension) - Notice Notice of Entry of Judgment

Notice of Ruling - Notice of Ruling

2/11/2021: Notice of Ruling - Notice of Ruling

Stipulation and Order (name extension) - Stipulation and Order Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach

9/26/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach

Order (name extension) - Order Orderfor 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

Declaration (name extension) - Declaration OF JENNIFER MYERS ESQ ISO MOTION TO VACATE DISMISSAL

8/21/2020: Declaration (name extension) - Declaration OF JENNIFER MYERS ESQ ISO MOTION TO VACATE DISMISSAL

Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

8/21/2020: Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

Memorandum of Points & Authorities - Memorandum of Points & Authorities

8/21/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Notice of Entry of Judgment / Dismissal / Other Order - Notice of Entry of Judgment / Dismissal / Other Order

1/19/2021: Notice of Entry of Judgment / Dismissal / Other Order - Notice of Entry of Judgment / Dismissal / Other Order

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: Certificate of Mailing for - Certificate of Mailing for (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...) of 01/19/2021

Judgment - Judgment

1/19/2021: Judgment - Judgment

Minute Order - Minute Order (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...)

1/19/2021: Minute Order - Minute Order (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...)

Notice of Settlement - Notice of Settlement

7/12/2019: Notice of Settlement - Notice of Settlement

Demand for Jury Trial

7/3/2018: Demand for Jury Trial

Answer

7/3/2018: Answer

Summons - on Complaint

1/22/2018: Summons - on Complaint

Complaint

1/22/2018: Complaint

Notice of Case Assignment - Limited Civil Case

1/22/2018: Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 08/12/2021
  • DocketProof of Service by Mail; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Arthur Edward Hernandez (Defendant)

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  • 08/12/2021
  • DocketNotice Notice of Entry of Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Arthur Edward Hernandez (Defendant)

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  • 02/11/2021
  • DocketNotice of Ruling; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 02/11/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Arthur Edward Hernandez (Defendant)

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  • 01/19/2021
  • DocketDismissal entered on 09/26/2019, as to entire action is Vacated - Court order on motion.

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  • 01/19/2021
  • 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.

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  • 01/19/2021
  • DocketJudgment; Filed by: Clerk

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  • 01/19/2021
  • DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by: Clerk

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  • 01/19/2021
  • DocketCertificate of Mailing for (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...) of 01/19/2021; Filed by: Clerk

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  • 01/19/2021
  • DocketMinute Order (Hearing on Plaintiff's Motion to Vacate Dismissal and Enter J...)

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21 More Docket Entries
  • 07/03/2018
  • DocketAnswer; Filed by: Arthur Edward Hernandez (Defendant)

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  • 07/03/2018
  • DocketDemand for Jury Trial; Filed by: Arthur Edward Hernandez (Defendant)

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

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  • 01/24/2018
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 01/24/2018
  • DocketNon-Jury Trial scheduled for 07/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 01/24/2018
  • 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

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  • 01/22/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/22/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 01/22/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 01/22/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Arthur Edward Hernandez (Defendant)

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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

(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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