This case was last updated from Los Angeles County Superior Courts on 11/23/2021 at 02:55:09 (UTC).

USAA CASUALTY INSURANCE COMPANY VS XYAN TIMOTHY FERNANDO, ET AL.

Case Summary

On 05/04/2020 USAA CASUALTY INSURANCE COMPANY filed a Contract - Insurance lawsuit against XYAN TIMOTHY FERNANDO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3784

  • Filing Date:

    05/04/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

USAA CASUALTY INSURANCE COMPANY

Defendants

FERNANDO XYAN TIMOTHY

REYES REFRIGERATION CO INC

Attorney/Law Firm Details

Plaintiff Attorney

WILKS ROBERT

 

Court Documents

Default Judgment - Default Judgment

11/16/2021: Default Judgment - Default Judgment

Declaration (name extension) - Declaration of Costs

10/22/2020: Declaration (name extension) - Declaration of Costs

Motion for Order (name extension) - Motion for Order of Entry of Judgment Based Upon Signed Stipulation for Judmgnet Under CCP 664.6

10/22/2020: Motion for Order (name extension) - Motion for Order of Entry of Judgment Based Upon Signed Stipulation for Judmgnet Under CCP 664.6

Declaration (name extension) - Declaration of Additional Interest

10/22/2020: Declaration (name extension) - Declaration of Additional Interest

Minute Order - Minute Order (Hearing on Motion for Order Of Entry of Judgment Based Upon S...)

4/12/2021: Minute Order - Minute Order (Hearing on Motion for Order Of Entry of Judgment Based Upon S...)

Notice (name extension) - Notice of Request by Plaintiff to Remove Plaintiffs Motion Currently Set for May 27, 2021 Off Calendar

4/13/2021: Notice (name extension) - Notice of Request by Plaintiff to Remove Plaintiffs Motion Currently Set for May 27, 2021 Off Calendar

Application (name extension) - Application Application for Order To Withdraw Notice of Settlement and to Vacate Settlement Agreement and Set Case Management Conference

7/13/2021: Application (name extension) - Application Application for Order To Withdraw Notice of Settlement and to Vacate Settlement Agreement and Set Case Management Conference

Response (name extension) - Response to Order to Show Cause re: Settlement

8/19/2021: Response (name extension) - Response to Order to Show Cause re: Settlement

Order (name extension) - Order Order Withdrawing Notice of Settlement, Vacating the Settlement Agreement and Setting Case Management Conference

8/31/2021: Order (name extension) - Order Order Withdrawing Notice of Settlement, Vacating the Settlement Agreement and Setting Case Management Conference

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/8/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Ruling - Notice of Ruling

9/8/2021: Notice of Ruling - Notice of Ruling

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

9/8/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/8/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/8/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/8/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/9/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/9/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Minute Order - Minute Order (Status Conference)

9/13/2021: Minute Order - Minute Order (Status Conference)

29 More Documents Available

 

Docket Entries

  • 11/16/2021
  • DocketDefault Judgment; Signed and Filed by: USAA Casualty Insurance Company (Plaintiff); As to: Xyan Timothy Fernando (Defendant); Reyes Refrigeration Co Inc (Defendant)

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  • 11/16/2021
  • DocketDefault judgment by Court entered for Plaintiff USAA Casualty Insurance Company against Defendant Reyes Refrigeration Co Inc on the Complaint filed by USAA Casualty Insurance Company on 05/04/2020 for damages of $3,816.86, interest of $387.63, and costs of $395.00 for a total of $4,599.49, joint and several.

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  • 11/16/2021
  • DocketUpdated -- Judgment entered on 11/16/2021

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  • 11/16/2021
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 11/17/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 11/16/2021

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  • 11/02/2021
  • DocketResponse Of Order to Show Cause re: Failure to file Default Judgment; Filed by: USAA Casualty Insurance Company (Plaintiff)

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  • 10/27/2021
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: USAA Casualty Insurance Company (Plaintiff)

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  • 10/27/2021
  • DocketDeclaration Under CCP Section 1033; Filed by: USAA Casualty Insurance Company (Plaintiff)

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  • 10/27/2021
  • DocketDeclaration Assignment of Claim - Insurance Deductible; Filed by: USAA Casualty Insurance Company (Plaintiff)

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  • 10/27/2021
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: USAA Casualty Insurance Company (Plaintiff)

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  • 10/27/2021
  • DocketDeclaration Of Interest; Filed by: USAA Casualty Insurance Company (Plaintiff)

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45 More Docket Entries
  • 05/18/2020
  • DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk

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  • 05/18/2020
  • DocketUpdated -- First Amended Standing Order: As To Parties: removed

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 11/01/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/08/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/04/2020
  • DocketComplaint; Filed by: USAA Casualty Insurance Company (Plaintiff); As to: Xyan Timothy Fernando (Defendant); Reyes Refrigeration Co Inc (Defendant)

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  • 05/04/2020
  • DocketSummons on Complaint; Issued and Filed by: USAA Casualty Insurance Company (Plaintiff); As to: Xyan Timothy Fernando (Defendant); Reyes Refrigeration Co Inc (Defendant)

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  • 05/04/2020
  • DocketCivil Case Cover Sheet; Filed by: USAA Casualty Insurance Company (Plaintiff); As to: Xyan Timothy Fernando (Defendant); Reyes Refrigeration Co Inc (Defendant)

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  • 05/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/04/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03784    Hearing Date: April 12, 2021    Dept: 25

HEARING DATE: Mon., April 12, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: USAA Casualty Insurance Company v. Fernando, et al.

CASE NUMBER: 20STLC03784 COMP. FILED: 05-04-20

NOTICE: OK DISC. C/O: NONE

DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: MOTION FOR ORDER OF ENTRY OF JUDGMENT BASED UPON SIGNED STIPULATION FOR JUDGMENT UNDER CCP SECTION 664.6

MOVING PARTY: Plaintiff USAA Casualty Insurance Company

RESP. PARTY: None

MOTION TO ENFORCE SETTLEMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff USAA Casualty Insurance Company’s Motion for Order of Entry of Judgment Based Upon Signed Stipulation for Judgment under CCP Section 664.6 is CONTINUED TO MAY 27, 2021 AT 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file supplemental papers addressing the issues noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 8, 2021 [ ] Late [X] None

REPLY: None filed as of April 8, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 4, 2020, Plaintiff USAA Casualty Insurance Company (“Plaintiff”) filed an action against Defendants Xyan Timothy Fernando (“Fernando”) and Reyes Refrigeration Co., Inc. (“Reyes Refrigeration”) (collectively, “Defendants”) seeking damages in the amount of $3,816.86 plus interest and court costs.

Plaintiff filed a proof of service demonstrating Defendant Fernando was sub-served on May 19, 2020 at 15915 Foothill Blvd., Sylmar CA 91342. (5/26/20 Proof of Service.) The proof of service includes a declaration of due diligence and a declaration of mailing indicating the Summons and Complaint were mailed to Defendant Fernando at that same address on May 19, 2020. (Id.) Plaintiff also filed a proof of service demonstrating Edwin Reyes, Defendant Reyes Refrigeration’s registered agent for service of process, was sub-served with the Summons and Complaint at 15915 Foothill Blvd., Sylmar CA on May 29, 2020. (6/8/20 Proof of Service.) The proof of service includes a declaration of mailing demonstrating the Summons and Complaint were mailed to Edwin Reyes to the same address on May 30, 2020. (Id.)

Plaintiff filed a Notice of Settlement on October 1, 2020.

On October 22, 2020, Plaintiff filed the instant Motion for Order of Entry of Judgment Based Upon Signed Stipulation for Judgment Under CCP 664.6 (the “Motion”). No opposition was filed.

  1. 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.”

  1. Discussion

Plaintiff attached a copy of a Settlement Agreement with Stipulation for Entry of Judgment (the “Settlement Agreement”) to this Motion. (Mot., Wilks Decl. ¶ 3, Exh. A.) The Settlement Agreement provides that Defendants agreed to pay Plaintiff a total sum of $4,250.00 with an initial payment of $250.00 due on August 15, 2020 followed by payments of $200.00 every 15th day of the month until the settlement amount was paid in full. (Id.) The settlement amount includes court costs. (Id.) The Settlement Agreement further provides that failure to make the contemplated payments following the mailing of a ten-day default letter to Defendants would entitle Plaintiff to seek the entry of judgment against Defendants in the amount of $4,250.00 less any payments received. (Id.) It further provides that the Settlement Agreement would be enforceable pursuant to Code of Civil Procedure section 664.6. (Id.)

The Settlement Agreement was executed by Plaintiff’s counsel, as Plaintiff’s authorized settlement representative, and by Defendant Fernando as “an individual and for [Defendant] REYES REFRIGERATION CO., INC.” on August 6, 2020. (Id.)

“ ‘ “To properly prove a contract claimed to be binding on the corporation, it should be shown that it was made on its behalf by someone who had authority to act for it. It must be shown that the officer was expressly authorized, or that the act was fairly within the implied powers incidental to his office, or that the corporation is estopped to deny his authority by reason of having accepted the benefit of the contract or otherwise.” ’ [Citation.]” (Snukal v. Flightways Mfg., Inc. (2000) 23 Cal.4th 754, 779-80.)

Having reviewed the Settlement Agreement, the Court notes that it is unclear whether Defendant Fernando was authorized to enter into the Settlement Agreement on Defendant Reyes Refrigeration’s behalf. Notably, the Complaint alleges that Defendant Fernando is only an employee of Defendant Reyes Refrigeration. (Compl., ¶ 7.) The Settlement Agreement itself does not indicate that Defendant Fernando is an authorized agent or representative of Defendant Reyes Refrigeration. (See Mot., Wilks Decl., ¶ 3, Exh. A.)

Thus, the matter is CONTINUED to allow Plaintiff the opportunity to demonstrate Defendant Fernando had the authority to bind Defendant Reyes Refrigeration to the Settlement Agreement.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff USAA Casualty Insurance Company’s Motion for Order of Entry of Judgment Based Upon Signed Stipulation for Judgment under CCP Section 664.6 is CONTINUED TO MAY 27, 2021 AT 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file supplemental papers addressing the issues noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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