On 07/13/2015 DIMITRY FRANKLIN filed a Personal Injury - Motor Vehicle lawsuit against RIGOBERTO ARAGON ZARATE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.
****8008
07/13/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
FRANKLIN DIMITRY
STATE FARM MUTUAL AUTOMOBILE INC. CO.
DOES 1 TO 20
ZARATE RIGOBERTO ARAGON
BROUSSARD JUSTIN ANDREW JR.
IVIE MCNEILL & WYATT
PURCELL BYRON MICHAEL
REESE LAW GROUP
AYOTTE NORMAND A. ESQ.
JONES & AYOTTE LAW OFFICES OF
4/9/2018: Proof of Service
4/9/2018: SUBMITTED ON THE MOVING PAPERS WITHOUT AN APPEARANCE PER CRC 3.1304(C)
4/9/2018: NOTICE OF HEARING
7/12/2018: DECLARATION OF GOLNAZ HEIDARI, ESQ. IN SUPPORT OF MOTION TO VACATE DISMISSAL
7/12/2018: MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO VACATE DISMISSAL
7/16/2018: NOTICE OF RULING RE OSC RE DISMISSAL
9/4/2018: AMENDED NOTICE OF HEARING
9/13/2018: Minute Order
10/3/2018: Notice of Ruling
10/3/2018: MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT
4/17/2019: Minute Order
5/23/2019: Proof of Service (not Summons and Complaint)
5/23/2019: Notice
10/12/2016: Minute Order
10/20/2016: NOTICE OF RULING RE CASES BEING RELATED
12/22/2016: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] - PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)
12/22/2016: ORDER AND STIPULATION TO CONTINUE TRIAL FSC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)
6/5/2017: STIPULATION FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH
Notice of Settlement; Filed by Dimitry Franklin (Plaintiff)
Proof of Service (not Summons and Complaint); Filed by State Farm Mutual Automobile Inc. Co. (Claimant)
Notice (NOTICE OF HEARING); Filed by State Farm Mutual Automobile Inc. Co. (Claimant)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: Dismissal (for Lack of Prosecution) - Not Held - Vacated by Court
Minute Order ( (Order to Show Cause Re: Dismissal for Lack of Prosecution)); Filed by Clerk
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Court Order
Minute Order ( (Court Order)); Filed by Clerk
Certificate of Mailing for (Minute Order (Court Order) of 04/17/2019); Filed by Clerk
Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account
Notice of Ruling; Filed by State Farm Mutual Automobile Inc. Co. (Claimant)
Proof-Service/Summons; Filed by Plaintiff/Petitioner
PROOF OF SERVICE SUMMONS
Summons; Filed by Clerk
SUMMONS
Summons Issued; Filed by Clerk
Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
Application ; Filed by Plaintiff/Petitioner
Complaint; Filed by Dimitry Franklin (Plaintiff)
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Case Number: BC588008 Hearing Date: November 01, 2019 Dept: 5
|
dimitry franklin, et al., Plaintiffs, v.
Rigoberto aragon zarate, Defendant. |
Case No.: BC588008
Hearing Date: November 1, 2019
[TENTATIVE] order RE: plaintiff’s Motion to Enforce settlement Agreement |
Plaintiff Justin Andrew Broussard Jr., through his guardian ad litem Dimitri Franklin (“Plaintiff”), moves to enforce the settlement agreement between Plaintiff and Defendant Rigoberto Aragon Zarate (“Defendant”). Code of Civil Procedure section 664.6 provides that “[i]f 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.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the Court acts as a trier of fact. The Court must determine whether the parties entered into a valid and binding settlement. To do so, the Court may receive oral testimony in addition to declarations. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)
In this case, Plaintiff and Defendant entered into a settlement agreement on February 10, 2017, which the Court approved on July 31, 2018. It provides that Defendant would pay Plaintiff $5,500. (Declaration of Shant L. Vayvayan, Exhibit A.) Plaintiff has received $5,000 of the settlement amount, but the check for the remaining $500 was dated January 20, 2017, although Plaintiff did not receive it until October 18, 2018. The bank therefore rejected the check as stale. Per the terms of the settlement agreement, Defendant owes Plaintiff the amount of $500. Defendant did not oppose the motion. Therefore, the Court enters judgment in favor of Plaintiff in that amount.
CONCLUSION AND ORDER
Plaintiff’s motion to enforce settlement is granted per Code of Civil Procedure section 664.6. Judgment is entered in favor of Plaintiff and against Defendant in the amount of $500. Plaintiff shall provide notice and file proof of such with the Court.
DATED: November 1, 2019 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court