STATE FARM MUTUAL AUTOMOBILE VS PETROSYAN, ANNA

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.