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This case was last updated from Los Angeles County Superior Courts on 01/08/2021 at 12:58:22 (UTC).

CHICAGO TITLE INSURANCE COMPANY VS JOSE A MORENO

Case Summary

On 08/22/2013 CHICAGO TITLE INSURANCE COMPANY filed a Property - Other Property Fraud lawsuit against JOSE A MORENO. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is BRIAN F. GASDIA. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3418

  • Filing Date:

    08/22/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

BRIAN F. GASDIA

 

Party Details

Plaintiff

CHICAGO TITLE INSURANCE COMPANY

Defendants

MORENO JOSE A.

MORENO JOSE A. AN INDIVIDUAL

MORENO JOSE

Attorney/Law Firm Details

Plaintiff Attorney

FIDELITY NATIONAL LAW GROUP

 

Court Documents

Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF APPLICATION SETTING ASIDE DISMISSAL AND ENTERING JUDGMENT

5/28/2020: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF APPLICATION SETTING ASIDE DISMISSAL AND ENTERING JUDGMENT

Declaration - DECLARATION OF MARY ANN ROUSSO IN SUPPORT OF PLAINTIFF APPLICATION TO SET ASIDE THE DISMISSAL AND ENTER JUDGMENT AGAINST DEFENDANT

5/28/2020: Declaration - DECLARATION OF MARY ANN ROUSSO IN SUPPORT OF PLAINTIFF APPLICATION TO SET ASIDE THE DISMISSAL AND ENTER JUDGMENT AGAINST DEFENDANT

Motion to Set Aside/Vacate Dismissal

5/28/2020: Motion to Set Aside/Vacate Dismissal

Judgment - JUDGMENT PROPOSED JUDGMENT

5/28/2020: Judgment - JUDGMENT PROPOSED JUDGMENT

Proof of Service (not Summons and Complaint)

6/2/2020: Proof of Service (not Summons and Complaint)

Notice of Ruling

9/8/2020: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))

9/8/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))

Order - ORDER / RULING (HEARING HELD 9-8-20)

9/8/2020: Order - ORDER / RULING (HEARING HELD 9-8-20)

Notice - NOTICE OF ENTRY OF JUDGMENT OR ORDER

9/21/2020: Notice - NOTICE OF ENTRY OF JUDGMENT OR ORDER

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

10/1/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

Writ of Execution - WRIT OF EXECUTION (ORANGE)

10/1/2020: Writ of Execution - WRIT OF EXECUTION (ORANGE)

Abstract of Judgment - Civil and Small Claims

10/1/2020: Abstract of Judgment - Civil and Small Claims

 

Docket Entries

  • 10/01/2020
  • DocketWrit of Execution ((orange)); Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 10/01/2020
  • DocketWrit of Execution ((LOS ANGELES)); Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 10/01/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 09/21/2020
  • DocketNotice (of Entry of Judgment or Order); Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 09/08/2020
  • Docketat 2:30 PM in Department C; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held - Motion Granted

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  • 09/08/2020
  • DocketOrder (/ Ruling (Hearing held 9-8-20)); Filed by Clerk

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  • 09/08/2020
  • DocketNotice of Ruling; Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 09/08/2020
  • DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))); Filed by Clerk

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  • 06/02/2020
  • DocketProof of Service (not Summons and Complaint); Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 05/28/2020
  • DocketJudgment (Proposed JUDGMENT); Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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29 More Docket Entries
  • 12/05/2013
  • DocketStatement-Case Management; Filed by Attorney for Plaintiff

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  • 11/25/2013
  • DocketRtn of Service of Summons & Compl; Filed by Attorney for Plaintiff

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  • 11/25/2013
  • DocketRtn of Service of Summons & Compl; Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 11/25/2013
  • DocketRtn of Service of Summons & Compl; Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 08/22/2013
  • DocketComplaint; Filed by CHICAGO TITLE INSURANCE COMPANY (Plaintiff)

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  • 08/22/2013
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/22/2013
  • DocketSummons; Filed by Plaintiff

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  • 08/22/2013
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 08/22/2013
  • DocketComplaint Filed; Filed by Attorney for Plaintiff

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  • 08/22/2013
  • DocketNotice-Case Management Conference; Filed by Clerk

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Tentative Rulings

Case Number: VC063418    Hearing Date: September 08, 2020    Dept: SEC

CHICAGO TITLE INSURANCE COMPANY v. MORENO

CASE NO.: VC063418

HEARING: 9/8/20

[Remote appearances are encouraged and will be given priority.]

#10

TENTATIVE ORDER

Plaintiff Chicago Title Insurance Company’s motion to set aside the dismissal and for entry of judgment pursuant to settlement is GRANTED.

Moving Party to give NOTICE.

Plaintiff Chicago Title Insurance Company moves to enter judgment pursuant to 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. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810-812.) The Court is authorized to enter judgment pursuant to the terms of a settlement agreement that is orally stipulated to before the Court. (Estate of Dipinto (1986) 188 Cal.App.3d 625.)

The parties entered into a settlement at the mandatory settlement conference on 7/14/14. Defendant Moreno agreed to pay Plaintiff the sum of $20,000 payable on the 15th of each month at the rate of $50.00 per month commencing 8/15/14 and continuing in like manner until paid in full. (7/14/14 Minute Order.) If Defendant fails to cure the default the plaintiff may come into court and request a judgment be entered against Defendant for the remaining owing balance after offsetting any payments made by the Defendant. (Id.) The case was dismissed with the court reserving jurisdiction over the terms of the settlement pursuant to CCP § 664.6. (Id.)

Defendant made payments totaling $2,500.00, and defaulted by failing to make any subsequent payments due thereafter. (Rousso Decl., Ex. 2.)

Accordingly, pursuant to the terms of settlement, Plaintiff is entitled to a judgment of $17,500.00.

The court declines to award pre-judgment interest of $11,425.05 from 7/14/14 through 4/3/20 because the settlement provided for a judgment “for the remaining owing balance.” Pre-judgment interest was not contemplated in the settlement.

Accordingly, the motion is GRANTED.

Dismissal is set aside, and judgment against Defendant Moreno is entered in the sum of $17,500.00.

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