This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 22:49:24 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS DENISE RAMOS

Case Summary

On 04/04/2018 a Contract - Insurance case was filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY against DENISE RAMOS 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:

    *******5243

  • Filing Date:

    04/04/2018

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

RAMOS DENISE

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order for Settlement (and Dismissal pursuant to CCP 664.6)

6/6/2019: Stipulation and Order (name extension) - Stipulation and Order for Settlement (and Dismissal pursuant to CCP 664.6)

Minute Order - Minute Order (Court Order Re: Plaintiff's Stipulation and Order for Settlem...)

6/6/2019: Minute Order - Minute Order (Court Order Re: Plaintiff's Stipulation and Order for Settlem...)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order Re: Plaintiff's Stipulation and Order for Settlem...) of 06/06/2019

6/6/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order Re: Plaintiff's Stipulation and Order for Settlem...) of 06/06/2019

Order - Dismissal - Order - Dismissal

6/6/2019: Order - Dismissal - Order - Dismissal

Summons - on Complaint

4/4/2018: Summons - on Complaint

Civil Case Cover Sheet

4/4/2018: Civil Case Cover Sheet

Complaint

4/4/2018: Complaint

Proof of Service by Substituted Service

5/16/2018: Proof of Service by Substituted Service

Notice of Case Assignment - Limited Civil Case

4/4/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/20/2019
  • DocketNon-Jury Trial scheduled for 10/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 06/20/2019

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  • 06/20/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 06/20/2019

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  • 06/06/2019
  • DocketStipulation and Order for Settlement (and Dismissal pursuant to CCP 664.6); Signed and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Denise Ramos (Defendant)

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  • 06/06/2019
  • DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 04/04/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 06/06/2019
  • DocketOrder - Dismissal; Filed by: Clerk

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  • 06/06/2019
  • DocketMinute Order (Court Order Re: Plaintiff's Stipulation and Order for Settlem...)

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  • 06/06/2019
  • DocketCertificate of Mailing for Minute Order (Court Order Re: Plaintiff's Stipulation and Order for Settlem...) of 06/06/2019; Filed by: Clerk

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 05/16/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Denise Ramos (Defendant); Proof of Mailing Date: 04/24/18; Service Cost: 75.00; Service Cost Waived: No

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  • 04/04/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Denise Ramos (Defendant)

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  • 04/04/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 04/04/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 04/04/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/04/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse

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  • 04/04/2018
  • DocketNon-Jury Trial scheduled for 10/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 04/04/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC05243    Hearing Date: January 09, 2020    Dept: 94

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 DENISE RAMOS IN THE AMOUNT OF $3,460.28 principal, $974.16 interest, $580.00 costs, and $776.25 attorney’s fees.

SUMMARY OF COMPLAINT: Action for automobile subrogation.

RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendant pursuant to the terms of the parties’ settlement agreement.

 

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Denise Ramos (“Defendant”) on April 4, 2018. On June 6, 2019, the Court dismissed the action without prejudice and retained jurisdiction to enforce the parties’ settlement agreement under Code of Civil Procedure section 664.6. On August 26, 2019, Plaintiff filed the instant Motion to Vacate Dismissal and Enforce Settlement. 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.)

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 compliance with the statutory requirements set forth above. (Motion, Duque Decl., ¶¶2-3 and Exhs. A, C.) The settlement provides that Defendant would pay Plaintiff $12,305.01 through a $9,415.01payment from her insurer, and the remainder in monthly installments. (Id. at Exh. A, ¶5.) The settlement agreement also provides that upon Defendant’s default, judgment in the amount of the Complaint ($12,875.29) plus interest, costs and attorney’s fees may be entered in Plaintiff’s favor, less any payments made towards the settlement. (Id. at Exh. A, ¶8.) Defendant has not made any payments following the payment by her insurance company. (Id. at ¶¶10-11.) Plaintiff notified Defendant of the default, but to date, she has not cured it. (Id. at ¶11 and Exh. B.)

Based on the foregoing, Plaintiff is entitled to entry of judgment in the amount of $3,460.28 principal, $974.16 interest, $580.00 costs, and $776.25 attorney’s fees. (Id. at ¶13.) Plaintiff’s Motion to Enforce Settlement is GRANTED.

Moving party to give notice.