This case was last updated from Los Angeles County Superior Courts on 10/09/2021 at 06:24:21 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JULIA DELGADILLO

Case Summary

On 05/02/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against JULIA DELGADILLO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6808

  • Filing Date:

    05/02/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

DELGADILLO JULIA

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD LOUIS II

Defendant Attorney

TOROSIAN VAHAN

 

Court Documents

Notice (name extension) - Notice OF ENTRY OF JUDGMENT OR ORDER

9/16/2021: Notice (name extension) - Notice OF ENTRY OF JUDGMENT OR ORDER

Judgment - Judgment Judgment re Motion

7/28/2021: Judgment - Judgment Judgment re Motion

Declaration (name extension) - Declaration Dismissal

7/16/2021: Declaration (name extension) - Declaration Dismissal

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement) / Status of Ne...)

7/19/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement) / Status of Ne...)

Notice (name extension) - Notice of Ruling

6/4/2021: Notice (name extension) - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

5/26/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

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

12/27/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Settlement

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

2/26/2020: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

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

5/6/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

11/18/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Declaration (name extension) - Declaration OF RICHARD L. MAHFOUZ,

4/13/2021: Declaration (name extension) - Declaration OF RICHARD L. MAHFOUZ,

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

4/19/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

10/23/2019: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

8/1/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Proof of Personal Service

5/15/2018: Proof of Personal Service

Complaint

5/2/2018: Complaint

Notice of Case Assignment - Limited Civil Case

5/2/2018: Notice of Case Assignment - Limited Civil Case

25 More Documents Available

 

Docket Entries

  • 09/16/2021
  • DocketNotice OF ENTRY OF JUDGMENT OR ORDER; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Julia Delgadillo (Defendant)

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  • 08/23/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) / Status of New Proposed Judgment scheduled for 10/19/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/23/2021

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  • 07/28/2021
  • DocketStipulated judgment entered for Plaintiff State Farm Mutual Automobile Insurance Company against Defendant Julia Delgadillo on the Complaint filed by State Farm Mutual Automobile Insurance Company on 05/02/2018 for the principal amount of $9,109.41, attorney fees of $776.05, interest of $2,977.14, and costs of $505.00 for a total of $13,367.60.

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  • 07/28/2021
  • DocketUpdated -- Judgment By Stipulation: Status Date changed from 07/28/2021 to 07/28/2021; Name Extension changed from Judgment re Motion to By Stipulation; Result Date changed from 07/28/2021 to 07/28/2021; As To Parties changed from Julia Delgadillo (Defendant) to Julia Delgadillo (Defendant)

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  • 07/28/2021
  • DocketUpdated -- Judgment Judgment re Motion: Filed By: State Farm Mutual Automobile Insurance Company (Plaintiff); Result: Granted; Result Date: 07/28/2021

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  • 07/19/2021
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement) / Status of Ne...)

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  • 07/19/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement) / Status of Ne...) of 07/19/2021; Filed by: Clerk

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  • 07/19/2021
  • DocketPursuant to the request of plaintiff, Order to Show Cause Re: Dismissal (Settlement) / Status of New Proposed Judgment scheduled for 07/19/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 10/19/2021 09:30 AM

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  • 07/16/2021
  • DocketDeclaration Dismissal; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 06/04/2021
  • DocketNotice of Ruling; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Julia Delgadillo (Defendant)

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38 More Docket Entries
  • 06/26/2018
  • DocketRequest for Entry of Default / Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Julia Delgadillo (Defendant)

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  • 06/26/2018
  • Docket; Default not entered as to Julia Delgadillo; On the Complaint filed by State Farm Mutual Automobile Insurance Company on 05/02/2018

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  • 05/15/2018
  • DocketProof of Personal Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Julia Delgadillo (Defendant); Service Date: 05/10/18; Service Cost: 75.00; Service Cost Waived: No

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  • 05/02/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/02/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/02/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 05/02/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Julia Delgadillo (Defendant)

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  • 05/02/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 05/02/2018
  • DocketNon-Jury Trial scheduled for 10/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/02/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC06808    Hearing Date: May 26, 2021    Dept: 26

State Farm v. Delgadillo, et al

ENFORCE SETTLEMENT 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 JULIA DELGADILLO IN THE AMOUNT OF $9,109.41 PRINCIPAL, $505.00 COSTS, $776.05 ATTORNEY’S FEES AND INTEREST AT SEVEN (7) PERCENT PER ANNUM FROM DECEMBER 12, 2015.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Julia Delgadillo (“Defendant”) on May 2, 2018. On October 23, 2019, Plaintiff filed a Notice of Settlement.

On December 27, 2019, Plaintiff filed a copy of the parties’ stipulated settlement agreement with a request to dismiss the action pursuant to Code of Civil Procedure section 664.6. The Court declined to enter an order dismissing the case and retaining jurisdiction pursuant to Code of Civil Procedure section 664.4.

On November 18, 2020, Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment (“the Motion”). No opposition has been filed to date.

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.)

Discussion

Plaintiff has demonstrated that the agreement complies with the statutory requirements set forth above. (Motion, Mahfouz Decl., Exh. A, p. 3.) The settlement was signed by both parties and provides that Defendant would pay Plaintiff $7,174.23 by an initial payment of $3,674.23 through insurance, followed by monthly payments from Defendant starting on November 1, 2019. (Id. at Exh. A, ¶4.) The settlement agreement also provides that upon Defendant’s default, judgment in the amount of the Complaint ($12,868.64) plus costs, pre-judgment interest and attorney’s fees may be entered in Plaintiff’s favor, less payments made. (Id. at Exh. 1, ¶7.) Payments of $3,759.23 were made towards the settlement, after which Defendant defaulted. (Id. at ¶¶7-9 and Exh. B.) To date, Defendant has not corrected the default. (Id. at ¶10.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $9,109.41 principal, $505.00 costs, $776.05 attorney’s fees and interest at seven (7) percent per annum from December 12, 2015. (Id. at ¶12.)

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT JULIA DELGADILLO IN THE AMOUNT OF $9,109.41 PRINCIPAL, $505.00 COSTS, $776.05 ATTORNEY’S FEES AND INTEREST AT SEVEN (7) PERCENT PER ANNUM FROM DECEMBER 12, 2015.

Moving party to give notice.

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