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This case was last updated from Los Angeles County Superior Courts on 04/19/2021 at 11:15:05 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS KENNY MOLINA

Case Summary

On 08/21/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against KENNY MOLINA. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0781

  • Filing Date:

    08/21/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

MOLINA KENNY

Attorney/Law Firm Details

Plaintiff Attorney

PILLEMER DAVID BERNARD

Defendant Attorney

SHARIFI PEGAH

 

Court Documents

Judgment - Judgment on Stipulation Re Entry of Judgment and Order

1/26/2021: Judgment - Judgment on Stipulation Re Entry of Judgment and Order

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

1/26/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

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

9/2/2020: Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

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

8/9/2019: Notice (name extension) - Notice Notice of Entry of Order

Application (name extension) - Application Application to Set Aside Dismissal dn for Entry of Judgment in the Amount of $9,778.66; Declaration of DBP

8/9/2019: Application (name extension) - Application Application to Set Aside Dismissal dn for Entry of Judgment in the Amount of $9,778.66; Declaration of DBP

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

4/2/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Settlement and Order

Notice of Settlement - Notice of Settlement

11/15/2018: Notice of Settlement - Notice of Settlement

Answer

10/5/2018: Answer

Demand for Jury Trial

10/5/2018: Demand for Jury Trial

Proof of Service by Substituted Service

9/7/2018: Proof of Service by Substituted Service

Civil Case Cover Sheet

8/21/2018: Civil Case Cover Sheet

Summons - on Complaint

8/21/2018: Summons - on Complaint

Complaint

8/21/2018: Complaint

Notice of Case Assignment - Limited Civil Case

8/21/2018: Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 01/26/2021
  • DocketStipulated judgment entered for Plaintiff State Farm Mutual Automobile Insurance Company against Defendant Kenny Molina on the Complaint filed by State Farm Mutual Automobile Insurance Company on 08/21/2018 for the principal amount of $10,765.67 for a total of $10,765.67.

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  • 01/26/2021
  • DocketJudgment on Stipulation Re Entry of Judgment and Order; Signed and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Kenny Molina (Defendant)

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  • 01/26/2021
  • DocketDismissal entered on 07/22/2019, as to entire action is Vacated - .

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  • 01/26/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

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  • 01/26/2021
  • DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 01/26/2021 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/26/2021; Result Type to Held - Motion Granted

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  • 09/18/2020
  • DocketCase reassigned to Spring Street Courthouse in Department 25 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 09/02/2020
  • DocketMotion to Set Aside/Vacate Dismissal; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/02/2020
  • DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 01/26/2021 at 09:00 AM in Spring Street Courthouse at Department 25

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  • 08/09/2019
  • DocketApplication Application to Set Aside Dismissal dn for Entry of Judgment in the Amount of $9,778.66; Declaration of DBP; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Kenny Molina (Defendant)

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  • 08/09/2019
  • DocketNotice Notice of Entry of Order; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Kenny Molina (Defendant)

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6 More Docket Entries
  • 10/05/2018
  • DocketDemand for Jury Trial; Filed by: Kenny Molina (Defendant)

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  • 10/05/2018
  • DocketAnswer; Filed by: Kenny Molina (Defendant)

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  • 09/07/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Kenny Molina (Defendant); Proof of Mailing Date: 08/26/18; Service Cost: 70.00; Service Cost Waived: No

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  • 08/21/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Kenny Molina (Defendant)

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  • 08/21/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/21/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/21/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/21/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 08/21/2018
  • DocketNon-Jury Trial scheduled for 02/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/21/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/24/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC10781    Hearing Date: January 26, 2021    Dept: 25

HEARING DATE: Tue., January 26, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Mutual Automobile Insurance Co. v. Molina

CASE NUMBER: 18STLC10781 COMP. FILED: 08-21-18

NOTICE: OK DISMISSAL: 07-22-19

PROCEEDINGS: MOTION TO SET ASIDE DISMISSAL AND FOR ENTRY OF JUDGMENT

MOVING PARTY: Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY: None

MOTION TO ENFORCE SETTLEMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Set Aside Dismissal and to Enter Judgment is GRANTED. Judgment to be entered in the amount of $10,765.67 against Defendant Kenny Molina.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of January 22, 2021 [ ] Late [X] None

REPLY: None filed as of January 22, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 21, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Defendant Kenny Molina (“Defendant”). Defendant filed an Answer on October 5, 2018.

On July 22, 2019, Plaintiff filed a Stipulation for Settlement and Order (the “Stipulation”). The Stipulation was signed by Defendant on January 22, 2019, and by Plaintiff’s agent on December 31, 2018. (Id.) Judge James Blancarte signed an order pursuant to the Stipulation on July 22, 2019, stating the Court retained jurisdiction to set aside the dismissal and enforce the Stipulation pursuant to Code of Civil Procedure section 664.6. (Id.)

Plaintiff filed the instant Motion to Set Aside Dismissal and for Entry of Judgment (the “Motion”) on September 2, 2020. To date, no opposition has been filed.

  1. 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.)

  1. Discussion

The Court finds the Stipulation, signed by the parties, to be valid and enforceable under Code of Civil Procedure section 664.6. The Stipulation provides that Plaintiff would be paid a total of $6,797.60. (7/22/19 Stipulation ¶¶ 2.) Defendant’s insurer would pay $4,797.60 and Defendant would pay the remaining $2,000.00 at a rate of $100.00 per month beginning April 15, 2019 until paid in full. (Id.) It also provides that if Defendant failed to make the required monthly payments, Plaintiff would be entitled to have a judgment entered against him in the amount of $12,634.88 plus interest on that amount from November 7, 2017, costs, and attorney’s fees, minus any payments received. (Id.) Defendant’s insurer made a payment of $4,797.60, but Defendant has not made any payments pursuant to the Stipulation. (Mot., Pillemer Decl., ¶¶ 4-6.)

Plaintiff requests that judgment be entered against Defendant in the amount of $10,765.67. (Id. at ¶ 6.) The amount includes interest of $2,493.39, attorney’s fees of $375.00 based on 1.5 hours of attorney time billed at $250.00 per hour, a filing fee of $60.00, and a credit of $4,797.60 for payments received. (Id.) Plaintiff’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Set Aside Dismissal and to Enter Judgment is GRANTED. Judgment to be entered in the amount of $10,765.67 against Defendant Kenny Molina.

Moving party is ordered to give notice.

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