On 02/18/2016 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB filed a Personal Injury - Motor Vehicle lawsuit against CHARLES LA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE
SIMCO CHARLES LANCE
DOES 1 THROUGH 10
RICHARDSON FAIR & COHEN
4/10/2018: Proof of Service
4/10/2018: NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION
4/20/2018: NOTICE OF HEARING
6/15/2018: Minute Order
2/18/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
6/21/2016: PROOF OF SERVICE SUMMONS
6/23/2016: ANSWER - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH
6/24/2016: ORDER ON COURT FEE WAIVER
7/7/2016: ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)
7/14/2016: ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)
7/14/2016: CIVIL DEPOSIT
8/3/2017: Minute Order
9/11/2017: REQUEST FOR ENTRY OF DEFAULT
9/11/2017: Minute Order
11/9/2017: Minute Order
11/20/2017: NOTICE OF HEARING
Notice of Ruling; Filed by Interinsurance Exchange of the Automobile (Plaintiff)Read MoreRead Less
at 08:30 AM in Department 4; (OSC RE Dismissal; Order of Dismissal) -Read MoreRead Less
Minute order entered: 2018-06-15 00:00:00; Filed by ClerkRead MoreRead Less
Minute OrderRead MoreRead Less
Notice; Filed by Interinsurance Exchange of the Automobile (Plaintiff)Read MoreRead Less
at 08:30 AM in Department 4; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
Minute order entered: 2018-04-24 00:00:00; Filed by ClerkRead MoreRead Less
NOTICE OF HEARINGRead MoreRead Less
at 10:00 AM in Department 93; Final Status Conference (Final Status Conference; Off Calendar) -Read MoreRead Less
Proof of ServiceRead MoreRead Less
ORDER ON COURT FEE WAIVERRead MoreRead Less
Order on Court Fee Waiver (Superior Court); Filed by ClerkRead MoreRead Less
Request to Waive Court Fees; Filed by Charles Lance Simco (Defendant)Read MoreRead Less
ANSWER - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATHRead MoreRead Less
Answer; Filed by Charles Lance Simco (Defendant)Read MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
Proof-Service/Summons; Filed by Interinsurance Exchange of the Automobile (Plaintiff)Read MoreRead Less
Complaint; Filed by Interinsurance Exchange of the Automobile (Plaintiff)Read MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
SUMMONSRead MoreRead Less
Case Number: BC610994 Hearing Date: January 23, 2020 Dept: 28
Motion to Set Aside Dismissal
Having considered the moving papers, the Court rules as follows.
On February 18, 2016, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed a complaint against Defendant Charles Lance Simco (“Defendant”). The complaint alleges motor vehicle and general negligence for an automobile collision that occurred on Aubust 10, 2014.
On October 31, 2016, the Court entered default against Defendant.
On June 15, 2018, the Court dismissed the action without prejudice and retained jurisdiction over a settlement pursuant to California Code of Civil Procedure section 664.6.
On December 6, 2019, Plaintiff field a motion to set aside the June 15, 2018 dismissal pursuant to California Code of Civil Procedure section 664.6.
Plaintiff asks the Court to set aside the June 15, 2018 dismissal because Defendant has failed to continue making payments pursuant to a stipulation.
California Code of Civil Procedure section 664.6 states: “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.” Hernandez v. Board of Education (2004) 126 Cal.App.4th 1161, 1175-1176.)
“[T]he very purpose of this section is to permit a court, via a summary proceeding, to finally dispose of an action when the existence of the agreement or the terms of the settlement are subject to reasonable dispute, something not permissible before the statute’s enactment.” (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 206.)
The Court finds it cannot grant the motion. Plaintiff argues that Defendant has failed to uphold the terms of the conditional settlement agreement. (Motion, p. 3:23-3:24; McClain Decl., ¶ 4.) However, Plaintiff has not lodged the settlement agreement with the Court. Exhibit A is missing. The Court cannot ascertain Defendant’s obligations to Plaintiff under the settlement agreement without reviewing the settlement agreement. Accordingly, the motion must be denied.
The motion is DENIED.
Plaintiff is ordered to give notice of this ruling.