This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 08:00:41 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS RIGOBERTO SANCHEZ

Case Summary

On 08/29/2017 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against RIGOBERTO SANCHEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0910

  • Filing Date:

    08/29/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

SANCHEZ RIGOBERTO

ZOTEA CARLOS GUZMAN

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD LOUIS II

Defendant Attorney

DUNKIN CRAIG LEE

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

7/30/2019: Minute Order - Minute Order (Non-Jury Trial)

Notice of Settlement - Notice of Settlement

7/31/2019: Notice of Settlement - Notice of Settlement

Answer

12/13/2017: Answer

Response (name extension) - Response for Exchange of expert trial witness information

2/20/2019: Response (name extension) - Response for Exchange of expert trial witness information

Minute Order - Minute Order (Non-Jury Trial)

2/26/2019: Minute Order - Minute Order (Non-Jury Trial)

Notice (name extension) - Notice of Association of Counsel

5/20/2019: Notice (name extension) - Notice of Association of Counsel

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

5/30/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation and Order

Proof of Service by Substituted Service

10/17/2017: Proof of Service by Substituted Service

Proof of Service by Substituted Service

10/17/2017: Proof of Service by Substituted Service

Summons - on Complaint

8/29/2017: Summons - on Complaint

Civil Case Cover Sheet

8/29/2017: Civil Case Cover Sheet

Complaint

8/29/2017: Complaint

Notice of Case Assignment - Limited Civil Case

8/29/2017: Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 09/01/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/31/2019
  • Hearingat 10:00 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 07/31/2019
  • DocketNotice of Settlement; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); Vacate Future Dates: No

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  • 07/30/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/31/2019 at 10:00 AM in Stanley Mosk Courthouse at Department 94

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  • 07/30/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 07/30/2019
  • DocketNon-Jury Trial scheduled for 07/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 07/30/2019; Result Type to Not Held - Taken Off Calendar by Court

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  • 05/30/2019
  • DocketUpdated -- Stipulation and Order Stipulation and Order: Status Date changed from 05/30/2019 to 05/30/2019; Filed By: Rigoberto Sanchez (Defendant),Carlos Guzman Zotea (Defendant); Result: Granted; As To Parties changed from State Farm Mutual Automobile Insurance Company (Plaintiff) to State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 05/30/2019
  • DocketStipulation and Order Stipulation and Order; Filed by: Rigoberto Sanchez (Defendant); Carlos Guzman Zotea (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 05/30/2019
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 05/31/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Stipulation was rescheduled to 07/30/2019 08:30 AM

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  • 05/20/2019
  • DocketNotice of Association of Counsel; Filed by: Rigoberto Sanchez (Defendant); Carlos Guzman Zotea (Defendant)

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4 More Docket Entries
  • 12/13/2017
  • DocketAnswer; Filed by: Rigoberto Sanchez (Defendant); Carlos Guzman Zotea (Defendant)

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  • 10/17/2017
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Carlos Guzman Zotea (Defendant); Proof of Mailing Date: 09/19/2017; Service Cost: 75.00; Service Cost Waived: No

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  • 10/17/2017
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Rigoberto Sanchez (Defendant); Proof of Mailing Date: 09/20/2017; Service Cost: 75.00; Service Cost Waived: No

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  • 08/29/2017
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Rigoberto Sanchez (Defendant)

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  • 08/29/2017
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/29/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/29/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/29/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 08/29/2017
  • DocketNon-Jury Trial scheduled for 02/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/29/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC00910    Hearing Date: May 3, 2021    Dept: 25

PROCEEDINGS: MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER 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 Enforce Settlement is GRANTED. Judgment to be entered against Defendant Rigoberto Sanchez in the amount of $16,504.51 based on the principal amount of $13,521.50, interest of $1,544.15, costs of $505.00, and attorney’s fees of $933.86.

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 April 30, 2021 [ ] Late [X] None

REPLY: None filed as of April 30, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On August 29, 2017, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Rigoberto Sanchez (“Sanchez”) and Carlos Guzman Zotea (“Zotea”) (collectively, “Defendants”) seeking $18,128.73 in damages. Defendants filed an Answer on December 13, 2017.

Plaintiff filed a Stipulation for Settlement (the “Stipulation”) on August 20, 2019. Pursuant to the parties’ Stipulation, the action was dismissed without prejudice that same day. (8/20/19 Order.) The Court also retained jurisdiction to enforce the Stipulation pursuant to Code of Civil Procedure section 664.6. (Id.)

On November 24, 2020, Plaintiff filed the instant Motion to Enforce Settlement Agreement and Enter Judgment (the “Motion”). No opposition was filed.

II. Legal Standard

Under Code of Civil Procedure, section 664.6:

(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.

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

(1) The party.

(2) An attorney who represents the party.

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

III. Discussion

The Stipulation filed by Plaintiff was signed by Defendant Sanchez on July 24, 2019 and by Plaintiff’s authorized signatory on July 26, 2019. (8/20/19 Stipulation.) Defendant Zotea was not a party to the Stipulation. (See id.) The Stipulation provides that Defendant Sanchez’s insurer Alliance United Insurance (“Alliance”) would make an initial payment of $4,607.23. (Id. at ¶ 4.) Defendant Sanchez would pay $13,521.50, with an initial $50.00 payment due no later than August 1, 2019 and monthly payments of $50.00 thereafter until the balance was paid in full. (Id.) Failure to make the contemplated payments would constitute default. (Id. at ¶ 6.) Upon default, Plaintiff was required to provide Defendant Sanchez with written notice and he would have 10 days within which to remedy the default. (Id. at ¶ 7.) If not remedied, Plaintiff would be permitted to seek an order for the entry of judgment by ex parte motion without further notice to Defendant Sanchez. (Id.) The judgment to be entered would be calculated as follows: principal amount of $18,128.73 plus interest at the legal rate from August 19, 2019, all costs of suit, reasonable attorney’s fees as well as any costs incurred in the enforcement of the Stipulation minus any payments made. (Id.)

The Court finds the Stipulation to be valid and enforceable against Defendant Sanchez under Code of Civil Procedure section 664.6. Plaintiff provides evidence that it received the contemplated $4,607.23 payment from Alliance but did not receive any payments from Defendant Sanchez. (Mot., Mahfouz Decl., ¶¶ 7, 9.) As required, Plaintiff sent Defendant written notice of the default on March 4, 2020, April 8, 2020, and April 24, 2020. (Id. at ¶ 9.) Defendant did not remedy the default. (Id. at ¶ 10.)

Plaintiff requests that judgment be entered against Defendant Sanchez in the amount of $16,532.27, which is based on the principal amount of $18,128.73, interest of $1,571.91, costs of $505.00, and attorney’s fees of $933.68 minus the $4,607.23 payment from Alliance. (Id. at ¶¶ 11-12.) The pre-judgment interest sought is calculated from July 24, 2019, the date of default, to October 19, 2020, the date this Motion was prepared. (Mot., p. 5:11-21, Mahfouz Decl., ¶¶ 11-12.) However, the Stipulation only permits interest beginning August 1, 2019. (8/20/19 Stipulation, ¶ 7.) Thus, the pre-judgment interest amount is adjusted to $1,544.15 based on 445 days between August 1, 2019 through October 19, 2020.

Plaintiff’s request to enter judgment against Defendant Sanchez is GRANTED.

IV. Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Enforce Settlement is GRANTED. Judgment to be entered against Defendant Rigoberto Sanchez in the amount of $16,504.51 based on the principal amount of $13,521.50, interest of $1,544.15, costs of $505.00, and attorney’s fees of $933.86.

Moving party is ordered to give notice.

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