This case was last updated from Los Angeles County Superior Courts on 11/27/2021 at 04:08:00 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS HELEN TAPIA, ET AL.

Case Summary

On 03/07/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against HELEN TAPIA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3728

  • Filing Date:

    03/07/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

TAPIA FEDERICO

TAPIA HELEN

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD LOUIS II

Defendant Attorney

DUNKIN CRAIG LEE

 

Court Documents

Notice (name extension) - Notice of Continue Motion to Vacate the Dismissal

11/19/2021: Notice (name extension) - Notice of Continue Motion to Vacate the Dismissal

Declaration (name extension) - Declaration Supplemental Attorney Declaration in Support of Motion

11/22/2021: Declaration (name extension) - Declaration Supplemental Attorney Declaration in Support of Motion

Request for Dismissal - Request for Dismissal

11/19/2021: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Hearing on Motion to Vacate motion to vacate dismissal and no...)

11/15/2021: Minute Order - Minute Order (Hearing on Motion to Vacate motion to vacate dismissal and no...)

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

9/14/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Declaration (name extension) - Declaration Declaration of Attorney

9/3/2021: Declaration (name extension) - Declaration Declaration of Attorney

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

9/3/2021: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Proof of Service by Mail - Proof of Service by Mail

9/3/2021: Proof of Service by Mail - Proof of Service by Mail

Motion to Vacate (name extension) - Motion to Vacate Motion to Vacate Dismissal and Enforce Settlement

9/3/2021: Motion to Vacate (name extension) - Motion to Vacate Motion to Vacate Dismissal and Enforce Settlement

Memorandum of Points & Authorities - Memorandum of Points & Authorities

9/3/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration OF RICHARD L. MAHFOUZ ILIN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL

9/13/2021: Declaration (name extension) - Declaration OF RICHARD L. MAHFOUZ ILIN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL

Notice (name extension) - Notice OF ORDER TO SHOW CAUSE RE DISMISSAL

5/14/2021: Notice (name extension) - Notice OF ORDER TO SHOW CAUSE RE DISMISSAL

Declaration (name extension) - Declaration re Dismissal

4/16/2021: Declaration (name extension) - Declaration re Dismissal

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

4/21/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Minute Order - Minute Order (Non-Jury Trial)

12/10/2019: Minute Order - Minute Order (Non-Jury Trial)

Stipulation and Order (name extension) - Stipulation and Order Stipulation for Settlement

12/23/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Settlement

Order (name extension) - Order re Settlement

12/23/2019: Order (name extension) - Order re Settlement

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

25 More Documents Available

 

Docket Entries

  • 12/14/2021
  • Hearing12/14/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Vacate (name extension)

    Read MoreRead Less
  • 11/22/2021
  • DocketDeclaration Supplemental Attorney Declaration in Support of Motion; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

    Read MoreRead Less
  • 11/19/2021
  • DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 03/07/2018, entered Request for Dismissal without prejudice filed by State Farm Mutual Automobile Insurance Company as to Federico Tapia

    Read MoreRead Less
  • 11/19/2021
  • DocketNotice of Continue Motion to Vacate the Dismissal; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Helen Tapia (Defendant); Federico Tapia (Defendant)

    Read MoreRead Less
  • 11/15/2021
  • DocketHearing on Motion to Vacate motion to vacate dismissal and notice of motion and motion to enforce a settlement agreement and enter judgment scheduled for 12/14/2021 at 10:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 11/15/2021
  • DocketMinute Order (Hearing on Motion to Vacate motion to vacate dismissal and no...)

    Read MoreRead Less
  • 11/15/2021
  • DocketOn the Court's own motion, Hearing on Motion to Vacate motion to vacate dismissal and notice of motion and motion to enforce a settlement agreement and enter judgment scheduled for 11/15/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 12/14/2021 10:00 AM

    Read MoreRead Less
  • 09/14/2021
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

    Read MoreRead Less
  • 09/14/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/14/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/14/2021; Result Type to Held

    Read MoreRead Less
  • 09/13/2021
  • DocketDeclaration OF RICHARD L. MAHFOUZ ILIN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

    Read MoreRead Less
29 More Docket Entries
  • 07/05/2018
  • DocketAnswer; Filed by: Helen Tapia (Defendant); Federico Tapia (Defendant)

    Read MoreRead Less
  • 03/29/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Federico Tapia (Defendant); Proof of Mailing Date: 03/21/18; Service Cost: 75.00; Service Cost Waived: No

    Read MoreRead Less
  • 03/28/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Helen Tapia (Defendant); Proof of Mailing Date: 03/21/18; Service Cost: 75.00; Service Cost Waived: No

    Read MoreRead Less
  • 03/07/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Helen Tapia (Defendant); Federico Tapia (Defendant)

    Read MoreRead Less
  • 03/07/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

    Read MoreRead Less
  • 03/07/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 03/07/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 03/07/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse

    Read MoreRead Less
  • 03/07/2018
  • DocketNon-Jury Trial scheduled for 09/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less
  • 03/07/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/10/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less

Tentative Rulings

b"

Case Number: 18STLC03728 Hearing Date: November 15, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO VACATE THE DISMISSAL, TO ENFORCE SETTLEMENT, AND ENTER JUDGMENT

\r\n\r\n

\r\n\r\n

MOVING PARTY: Plaintiff\r\nState Farm Mutual Automobile Insurance Company

\r\n\r\n

RESP. PARTY: None

\r\n\r\n

\r\n\r\n

MOTION TO ENFORCE SETTLEMENT

\r\n\r\n

(CCP § 664.6)

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

\r\n\r\n

\r\n\r\n

Plaintiff State Farm Mutual Automobile\r\nInsurance Company’s Motion to Vacate the Dismissal, to Enforce Settlement, and\r\nto Enter Judgment is CONTINUED TO DECEMBER 14, 2021 at 10:00 a.m. in Department\r\n25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next\r\nscheduled hearing, Plaintiff must file supplemental papers addressing the\r\nissues identified herein. Failure to do so may result in the Motion being\r\nplaced off calendar or denied.

\r\n\r\n

\r\n\r\n

SERVICE: \r\n

\r\n\r\n

\r\n\r\n

[ \r\n ] Proof of Service Timely Filed (CRC, rule\r\n3.1300) NO

\r\n\r\n

[ \r\n ] Correct Address (CCP §§ 1013, 1013a) NO

\r\n\r\n

[ \r\n ] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) NO

\r\n\r\n

\r\n\r\n

OPPOSITION: None filed as of November\r\n10, 2021 [ ] Late [X] None

\r\n\r\n

REPLY: None filed as\r\nof November 10, 2021 [ ] Late [X] None

\r\n\r\n

\r\n\r\n

ANALYSIS:

\r\n\r\n

\r\n\r\n

I. \r\nBackground

\r\n\r\n

\r\n\r\n

On March 7, 2018, Plaintiff State Farm Mutual Automobile\r\nInsurance Company (“Plaintiff”) filed an action against Defendants Helen Tapia\r\n(“Helen”) and Federico Tapia (“Federico”) (collectively, “Defendants”) seeking\r\ndamages of $13,687.90. Defendants filed a joint Answer on July 5, 2018.

\r\n\r\n

\r\n\r\n

A non-jury trial was scheduled for December 10, 2019.\r\n(12/10/19 Minute Order.) At that time, Plaintiff’s counsel represented to the\r\nCourt the matter had settled. (Id.) As a result, the Court set an OSC re\r\nDismissal for April 14, 2020. (Id.) On the Court’s own motion, the OSC\r\nre Dismissal was continued to August 20, 2020 and then to April 21, 2021.\r\n(3/18/20 Notice of Continuance of Hearing; 5/4/20 Notice re Continuance of\r\nHearing.)

\r\n\r\n

\r\n\r\n

Plaintiff filed a Stipulation for Settlement on December\r\n23, 2019, which was rejected that same day due to issues with the proposed\r\norder. Plaintiff did not refile the Stipulation. The case was not dismissed.

\r\n\r\n

\r\n\r\n

At a March 10, 2021 OSC hearing re Failure to File Proof\r\nof Service, counsel for Plaintiff again informed the Court the matter had\r\nsettled and the Court stated the OSC re Dismissal scheduled for April 21\r\nremained on calendar. (3/10/21 Minute Order.) Pursuant to Plaintiff’s counsel’s\r\nrequest, the April 21 hearing was continued to September 14. (4/21/21 Minute\r\nOrder.)

\r\n\r\n

\r\n\r\n

Plaintiff filed the instant Motion to Vacate the\r\nDismissal, Enforce Settlement Agreement, and Enter Judgment (the “Motion”) on\r\nSeptember 3, 2021. No opposition was filed.

\r\n\r\n

\r\n\r\n

II. \r\nLegal\r\nStandard

\r\n\r\n

\r\n\r\n

Under Code of Civil Procedure, section 664.6:

\r\n\r\n

\r\n(a) If parties to pending litigation stipulate, in a writing signed by the\r\nparties outside of the presence of the court or orally before the\r\ncourt, for settlement of the case, or part thereof, the court, upon motion, may\r\nenter judgment pursuant to the terms of the settlement. If requested by the\r\nparties, the court may retain jurisdiction over the parties to enforce the\r\nsettlement until performance in full of the terms of the settlement.

\r\n\r\n

\r\n\r\n

(b) For purposes of this section, a writing is signed by\r\na party if it is signed by any of the following:

\r\n\r\n

\r\n\r\n

(1) The party.

\r\n\r\n

(2) An attorney who represents the party.

\r\n\r\n

(3) If the party is an insurer, an agent who is\r\nauthorized in writing by the insurer to sign on the insurer's behalf.”

\r\n\r\n

\r\n\r\n

III. \r\nDiscussion\r\n

\r\n\r\n

\r\n\r\n

As an initial matter, the Court notes that Plaintiff\r\nserved Defendant Helen only at 15514 Colorado Ave., Paramount, CA 90723. (Mot.,\r\nProof of Service.) Defendant Helen, however, is represented by an attorney.\r\n(See Answer.) No substitution of attorney has been filed, so is unclear why Plaintiff\r\ndid not serve Defendant Helen’s attorney. Further, the notice of motion\r\nincorrectly states this hearing will take place in Department 25 at 111 N.\r\nHill. St., Los Angeles, CA, which is the address for the Stanley Mosk\r\nCourthouse, not for the Spring Street Courthouse. (Notice of Mot., p. 1.)

\r\n\r\n

\r\n\r\n

Further, the stipulation attached to the Motion and which\r\nthe motion is based on, refers to both Defendant Helen and Defendant Federico\r\nsimply as “Defendant” (Mot., Mahfouz Decl., ¶ 6, Exh. A) and proceeds to state,\r\nin part, that “Defendant” would pay $1,500.00 to settle the matter at a rate of\r\n$50.00 per month (id. at ¶¶ 4, 5). The Stipulation, however, is only\r\nsigned by Defendant Helen. (Id.)

\r\n\r\n

\r\n\r\n

IV. \r\nConclusion\r\n& Order

\r\n\r\n

\r\n\r\n

For the foregoing reasons, Plaintiff\r\nState Farm Mutual Automobile Insurance Company’s Motion to Vacate the\r\nDismissal, to Enforce Settlement, and to Enter Judgment is CONTINUED TO DECEMBER\r\n14, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At\r\nleast 16 court days before the next scheduled hearing, Plaintiff must file supplemental\r\npapers addressing the issues identified herein. Failure to do so may result in\r\nthe Motion being placed off calendar or denied.

\r\n\r\n

\r\n\r\n

Moving party is ordered to give\r\nnotice.

"
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where State Farm Mutual Automobile Insurance Company is a litigant

Latest cases represented by Lawyer MAHFOUZ RICHARD L.