This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 14:06:15 (UTC).

STATE FARM MUTUAL AUTOMOBILE VS PETROSYAN, ANNA

Case Summary

On 01/26/2017 STATE FARM MUTUAL AUTOMOBILE filed a Personal Injury - Motor Vehicle lawsuit against PETROSYAN, ANNA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1286

  • Filing Date:

    01/26/2017

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE

Defendants, Cross Defendants and Cross Plaintiffs

PETROSYAN ANNA

CARSIDO LLOYD

Attorney/Law Firm Details

Plaintiff Attorney

BENSON LEGAL APC

Defendant and Cross Plaintiff Attorneys

LEE JENNIFER JING

AVAKIAN HOURIG NATALIE

Cross Defendant and Cross Plaintiff Attorneys

OGUNNUBI MELISSA ANN

AVAKIAN HOURIG NATALIE

 

Court Documents

Complaint - Auto

1/26/2017: Complaint - Auto

Civil Case Cover Sheet

1/26/2017: Civil Case Cover Sheet

Summons

1/26/2017: Summons

Proof of Personal Service

8/14/2017: Proof of Personal Service

Demand for Jury Trial

9/29/2017: Demand for Jury Trial

Answer

9/29/2017: Answer

Summons - on Cross Complaint

3/23/2018: Summons - on Cross Complaint

Cross-Complaint

3/23/2018: Cross-Complaint

Stipulation and Order (name extension) - to continue trial date and extending discovery cut off to new trial

5/22/2018: Stipulation and Order (name extension) - to continue trial date and extending discovery cut off to new trial

Answer

6/22/2018: Answer

Demand for Jury Trial

6/22/2018: Demand for Jury Trial

Summons - on Cross Complaint

6/22/2018: Summons - on Cross Complaint

Answer

7/20/2018: Answer

Stipulation and Order (name extension) - To continue trial

10/5/2018: Stipulation and Order (name extension) - To continue trial

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

10/17/2018: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Non-Jury Trial)

2/1/2019: Minute Order - Minute Order (Non-Jury Trial)

Order (name extension) - Order for Dismissal and Court Retaining Jurisdiction Pursuant to CCP 664.6

2/13/2019: Order (name extension) - Order for Dismissal and Court Retaining Jurisdiction Pursuant to CCP 664.6

Stipulation and Order (name extension) - Stipulation and Order Stipulation for Entry of Judgment and Order to Retain Jurisdiction Pursuant to CCP664.6

2/13/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Entry of Judgment and Order to Retain Jurisdiction Pursuant to CCP664.6

8 More Documents Available

 

Docket Entries

  • 09/24/2019
  • Hearingat 0830 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)

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  • 07/12/2019
  • DocketMotion re: Motion to Set Aside Dismissal and/or Notice of Settlement and Enter Judgment; Filed by: STATE FARM MUTUAL AUTOMOBILE (Plaintiff); As to: ANNA PETROSYAN (Defendant)

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  • 07/12/2019
  • DocketHearing on Motion - Other Motion to Set Aside Dismissal and/or Notice of Settlement and Enter Judgment scheduled for 09/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/13/2019
  • DocketOrder to Show Cause Re: Status of Dismissal re Settlement scheduled for 02/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/13/2019
  • DocketOrder for Dismissal and Court Retaining Jurisdiction Pursuant to CCP 664.6; Filed by: STATE FARM MUTUAL AUTOMOBILE (Plaintiff); As to: ANNA PETROSYAN (Defendant)

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  • 02/13/2019
  • DocketOn the Complaint filed by STATE FARM MUTUAL AUTOMOBILE on 01/26/2017, entered Order for Dismissal without prejudice as to the entire action

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  • 02/13/2019
  • DocketStipulation and Order Stipulation for Entry of Judgment and Order to Retain Jurisdiction Pursuant to CCP664.6; Filed by: STATE FARM MUTUAL AUTOMOBILE (Plaintiff); As to: ANNA PETROSYAN (Defendant)

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  • 02/13/2019
  • DocketUpdated -- Stipulation and Order Stipulation for Entry of Judgment and Order to Retain Jurisdiction Pursuant to CCP664.6: Filed By: STATE FARM MUTUAL AUTOMOBILE (Plaintiff); Result: Granted; Result Date: 02/13/2019

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  • 02/13/2019
  • DocketOrder to Show Cause Re: Status of Dismissal re Settlement scheduled for 02/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 02/13/2019

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  • 02/13/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 02/13/2019

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16 More Docket Entries
  • 03/23/2018
  • DocketSummons on Cross Complaint; Issued and Filed by: Clerk

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  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 09/29/2017
  • DocketAnswer; Filed by: ANNA PETROSYAN (Defendant)

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  • 09/29/2017
  • DocketDemand for Jury Trial; Filed by: ANNA PETROSYAN (Defendant)

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  • 08/14/2017
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE (Plaintiff); As to: ANNA PETROSYAN (Defendant); Service Date: 08/02/17; Service Cost: 325.50; Service Cost Waived: No

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  • 01/30/2017
  • DocketNON-JURY TRIAL SET FOR 07/25/18, 08:30 AM, DEPT 77

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  • 01/27/2017
  • DocketOSC SET 01/27/20, 08:30 AM, DEPT. 77 PURSUANT TO GENERAL ORDER

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  • 01/26/2017
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE (Plaintiff)

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  • 01/26/2017
  • DocketCOMPLAINT FILED - AUTO Filing Fee: 225.00

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  • 01/26/2017
  • DocketSUMMONS FILED

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Tentative Rulings

Case Number: 17K01286    Hearing Date: December 03, 2019    Dept: 94

MOTION FOR ENTRY OF JUDGMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Entry of Judgment is GRANTED.

ANALYSIS:

I. Background

In December 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) and Defendant Anna Petrosyan (“Defendant”) executed a Settlement Agreement to resolve this action. (Motion, Exh. 1 (Settlement Agreement).) Pursuant to the Settlement Agreement, Plaintiff is entitled to receive $2,200 from Defendant and $3,719.64 from Defendant’s insurer. (Id., Benson Decl. ¶ 3.) Defendant’s insurer has paid the $3,719.64, but Defendant has only paid $1,000 and defaulted on the remaining balance. (Id., Benson Decl. ¶ 4.) Plaintiff now seeks to enforce the Settlement Agreement and has brought the instant Motion to Vacate Dismissal and for Entry of Judgment (the “Motion”) under CCP § 664.6.

The original hearing date was September 24, 2019. But a judicial officer was unavailable on that date, so the motion was continued to December 3, 2019.

II. Legal Standard

Under CCP § 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.”

“[S]trict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.)

III. Analysis

While this action was pending, Plaintiff filed a proper request for dismissal and for the Court to retain jurisdiction under CCP § 664.6 on February 13, 2019. Accordingly, the dismissal is hereby vacated.

The Court finds the Settlement Agreement, signed by the parties under CCP § 664.6, to be valid and enforceable. Defendant has not opposed the instant Motion to demonstrate why judgment should not be entered against her.

Pursuant to the Settlement Agreement, if Defendant defaults on her obligations, Plaintiff may seek an entry of money judgment in the sum of $8,126.87, plus costs, less any payments made. (Motion, Settlement Agreement ¶¶ 1, 5.) Because Defendant has defaulted on her obligations, Plaintiff is now entitled to judgment. Defendant and her insurer have paid Plaintiff $4,719.64, so Plaintiff is entitled to a judgment of $3,407.23 plus $60 in costs, totaling $3,467.23.

IV. Conclusion & Order

For the foregoing reasons, the unopposed Motion is GRANTED. Judgment is to be entered in the sum of $3,467.23 ($3,407.23 + $60). Plaintiff is ordered to submit a proposed judgment consistent with this Order, if it has not done so already.

Prevailing party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.