This case was last updated from Los Angeles County Superior Courts on 08/28/2021 at 01:39:51 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JONATHAN JOSEPH SERRA

Case Summary

On 07/06/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against JONATHAN JOSEPH SERRA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9278

  • Filing Date:

    07/06/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant and Cross Plaintiff

SERRA JONATHAN JOSEPH

Cross Defendant

TIZCARENO CANDICE

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN MARY

Attorney at Benson Legal, APC

6345 Balboa Blvd Ste 365

Encino, CA 91316

Defendant and Cross Plaintiff Attorney

YEE DOUGLAS SCOTT

Attorney at Gilsleider, McMahon, Molinelli & Phan

340 Commerce, Suite 250

Irvine, CA 92602

 

Court Documents

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

7/22/2021: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Notice of Settlement - Notice of Settlement

2/14/2020: Notice of Settlement - Notice of Settlement

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

2/14/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Stipulation and Order (name extension) - Stipulation and Order For Entry of Judgment and Order for Court to Retain Jurisdiction Pursuant to CCP 664.6

3/6/2020: Stipulation and Order (name extension) - Stipulation and Order For Entry of Judgment and Order for Court to Retain Jurisdiction Pursuant to CCP 664.6

Notice of Ruling - Notice of Ruling

4/16/2021: Notice of Ruling - Notice of Ruling

Stipulation and Order (name extension) - Stipulation and Order STIPULATION AND ORDER TO CONTINUE ORDER

8/8/2019: Stipulation and Order (name extension) - Stipulation and Order STIPULATION AND ORDER TO CONTINUE ORDER

Summons - on Cross Complaint

10/9/2018: Summons - on Cross Complaint

Demand for Jury Trial

10/9/2018: Demand for Jury Trial

Cross-Complaint

10/9/2018: Cross-Complaint

Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures - Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures

10/29/2018: Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures - Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures

Certificate of Mailing for - Certificate of Mailing for [Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures]

11/7/2018: Certificate of Mailing for - Certificate of Mailing for [Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures]

Proof of Service by Substituted Service

7/31/2018: Proof of Service by Substituted Service

Summons - on Complaint

7/6/2018: Summons - on Complaint

Civil Case Cover Sheet

7/6/2018: Civil Case Cover Sheet

Complaint

7/6/2018: Complaint

Notice of Case Assignment - Limited Civil Case

7/6/2018: Notice of Case Assignment - Limited Civil Case

16 More Documents Available

 

Docket Entries

  • 07/22/2021
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 04/16/2021
  • DocketNotice of Ruling; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 04/15/2021
  • DocketJudgment on Motion to Set Aside Dismissal and Enter Judgment; Signed and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jonathan Joseph Serra (Defendant)

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  • 04/15/2021
  • DocketCourt orders judgment entered for Plaintiff State Farm Mutual Automobile Insurance Company against Defendant Jonathan Joseph Serra on the Complaint filed by State Farm Mutual Automobile Insurance Company on 07/06/2018 for the principal amount of $10,979.33 and costs of $60.00 for a total of $11,039.33.

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  • 04/15/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) and...)

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  • 04/15/2021
  • DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) and Enter Judgment scheduled for 04/15/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 04/15/2021; Result Type to Held

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  • 04/13/2021
  • DocketUpdated -- Motion to Set Aside/Vacate Dismissal and Enter Judgment: Name Extension changed from Motion to Set Aside Dismissal and Enter Judgment to and Enter Judgment; Document changed from Motion re: (name extension) to Motion to Set Aside/Vacate Dismissal; As To Parties changed from Jonathan Joseph Serra (Defendant) to Jonathan Joseph Serra (Defendant)

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  • 04/13/2021
  • DocketUpdated -- Event scheduled for 04/15/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Motion - Other (name extension) to Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)

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  • 09/24/2020
  • DocketHearing on Motion - Other Motion to Set Aside Dismissal and Enter Judgment scheduled for 04/15/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 09/23/2020
  • DocketMotion to Set Aside/Vacate Dismissal and Enter Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jonathan Joseph Serra (Defendant)

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22 More Docket Entries
  • 10/09/2018
  • DocketAddress for Douglas Scott Yee (Attorney) updated

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  • 10/09/2018
  • DocketRequest to Opt Out of Mandatory Expedited Jury Trial Procedures; Filed by: Jonathan Joseph Serra (Defendant)

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  • 07/31/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jonathan Joseph Serra (Defendant); Proof of Mailing Date: 07/24/18; Service Cost: 75.50; Service Cost Waived: No

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  • 07/06/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/06/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/06/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 07/06/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jonathan Joseph Serra (Defendant)

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  • 07/06/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/06/2018
  • DocketNon-Jury Trial scheduled for 01/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/06/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC09278    Hearing Date: April 15, 2021    Dept: 26

State Farm v. Serra, et al.

VACATE DISMISSALAND 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 JONATHAN JOSEPH SERRA IN THE AMOUNT OF $10,979.33 PRINCIPAL AND $60.00 COSTS.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Jonathan Joseph Serra (“Defendant”) on July 6, 2018. On February 14, 2020, Plaintiff filed a Notice of Settlement of Entire Action. Plaintiff filed a copy of the parties’ settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4 on March 6, 2020. The Court dismissed the action pursuant to the stipulation on the same date.

On September 23, 2020, Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment. 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.) Prior to January 1, 2021, “parties” under section 664.6 meant 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 have included 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 that the settlement agreement complies with the statutory requirements set forth above. (Motion, Benson Decl., Exh. 1, p. 4.) The settlement was signed by both parties and the Court ordered the action dismissed following the parties’ request to retain jurisdiction. The settlement provides that Defendant would pay Plaintiff $13,750.02 by an initial payment of $8,750.02 from his insurer, followed by monthly payments from Defendant starting on March 15, 2020. (Id. at Exh. 1, ¶2(a)(i).) The settlement agreement also provides that upon Defendant’s default, judgment in the amount of the Complaint ($19,804.35) plus costs and pre-judgment interest may be entered in Plaintiff’s favor. (Id. at Exh. 1, ¶¶1, 5.) Payments of $8,825.02 were made towards the settlement, after which Defendant defaulted. (Id. at ¶5.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $10,979.33 principal and $60.00 costs. (Id. at ¶8.)

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT JONATHAN JOSEPH SERRA IN THE AMOUNT OF $10,979.33 PRINCIPAL AND $60.00 COSTS.

Moving party to give notice.

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