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.
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01/26/2017
Disposed - Other Disposed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STATE FARM MUTUAL AUTOMOBILE
PETROSYAN ANNA
CARSIDO LLOYD
BENSON LEGAL APC
LEE JENNIFER JING
AVAKIAN HOURIG NATALIE
OGUNNUBI MELISSA ANN
AVAKIAN HOURIG NATALIE
1/26/2017: Complaint - Auto
1/26/2017: Civil Case Cover Sheet
1/26/2017: Summons
8/14/2017: Proof of Personal Service
9/29/2017: Demand for Jury Trial
9/29/2017: Answer
3/23/2018: Summons - on Cross Complaint
3/23/2018: Cross-Complaint
5/22/2018: Stipulation and Order (name extension) - to continue trial date and extending discovery cut off to new trial
6/22/2018: Answer
6/22/2018: Demand for Jury Trial
6/22/2018: Summons - on Cross Complaint
7/20/2018: Answer
10/5/2018: Stipulation and Order (name extension) - To continue trial
10/17/2018: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
2/1/2019: Minute Order - Minute Order (Non-Jury Trial)
2/13/2019: Order (name extension) - Order for Dismissal and Court Retaining Jurisdiction Pursuant to CCP 664.6
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
Hearingat 0830 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)
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)
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
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
DocketOrder for Dismissal and Court Retaining Jurisdiction Pursuant to CCP 664.6; Filed by: STATE FARM MUTUAL AUTOMOBILE (Plaintiff); As to: ANNA PETROSYAN (Defendant)
DocketOn the Complaint filed by STATE FARM MUTUAL AUTOMOBILE on 01/26/2017, entered Order for Dismissal without prejudice as to the entire action
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)
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
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
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
DocketSummons on Cross Complaint; Issued and Filed by: Clerk
DocketCase reassigned to Stanley Mosk Courthouse in Department 77
DocketAnswer; Filed by: ANNA PETROSYAN (Defendant)
DocketDemand for Jury Trial; Filed by: ANNA PETROSYAN (Defendant)
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
DocketNON-JURY TRIAL SET FOR 07/25/18, 08:30 AM, DEPT 77
DocketOSC SET 01/27/20, 08:30 AM, DEPT. 77 PURSUANT TO GENERAL ORDER
DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE (Plaintiff)
DocketCOMPLAINT FILED - AUTO Filing Fee: 225.00
DocketSUMMONS FILED
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.