This case was last updated from Los Angeles County Superior Courts on 06/05/2019 at 20:39:37 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS CHARLES LA

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0994

  • Filing Date:

    02/18/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE

Defendants and Respondents

SIMCO CHARLES LANCE

DOES 1 THROUGH 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

RICHARDSON FAIR & COHEN

 

Court Documents

Proof of Service

4/10/2018: Proof of Service

NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

4/10/2018: NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

NOTICE OF HEARING

4/20/2018: NOTICE OF HEARING

Minute Order

6/15/2018: Minute Order

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

2/18/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

2/18/2016: SUMMONS

PROOF OF SERVICE SUMMONS

6/21/2016: PROOF OF SERVICE SUMMONS

ANSWER - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

6/23/2016: ANSWER - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

ORDER ON COURT FEE WAIVER

6/24/2016: ORDER ON COURT FEE WAIVER

ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

7/7/2016: ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

7/14/2016: ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

CIVIL DEPOSIT

7/14/2016: CIVIL DEPOSIT

Minute Order

8/3/2017: Minute Order

REQUEST FOR ENTRY OF DEFAULT

9/11/2017: REQUEST FOR ENTRY OF DEFAULT

Minute Order

9/11/2017: Minute Order

Minute Order

11/9/2017: Minute Order

NOTICE OF HEARING

11/20/2017: NOTICE OF HEARING

8 More Documents Available

 

Docket Entries

  • 06/26/2018
  • Notice of Ruling; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

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  • 06/15/2018
  • at 08:30 AM in Department 4; (OSC RE Dismissal; Order of Dismissal) -

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  • 06/15/2018
  • Minute order entered: 2018-06-15 00:00:00; Filed by Clerk

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  • 06/15/2018
  • Minute Order

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  • 05/20/2018
  • Notice; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

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  • 04/24/2018
  • at 08:30 AM in Department 4; Jury Trial - Not Held - Advanced and Vacated

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  • 04/24/2018
  • Minute order entered: 2018-04-24 00:00:00; Filed by Clerk

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  • 04/20/2018
  • NOTICE OF HEARING

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  • 04/10/2018
  • at 10:00 AM in Department 93; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 04/10/2018
  • Proof of Service

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29 More Docket Entries
  • 06/24/2016
  • ORDER ON COURT FEE WAIVER

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  • 06/24/2016
  • Order on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 06/23/2016
  • Request to Waive Court Fees; Filed by Charles Lance Simco (Defendant)

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  • 06/23/2016
  • ANSWER - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

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  • 06/23/2016
  • Answer; Filed by Charles Lance Simco (Defendant)

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  • 06/21/2016
  • PROOF OF SERVICE SUMMONS

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  • 06/21/2016
  • Proof-Service/Summons; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

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  • 02/18/2016
  • Complaint; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

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  • 02/18/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/18/2016
  • SUMMONS

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Tentative Rulings

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.

BACKGROUND

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.

PARTYS REQUEST

Plaintiff asks the Court to set aside the June 15, 2018 dismissal because Defendant has failed to continue making payments pursuant to a stipulation.

LEGAL STANDARD

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.)

DISCUSSION

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.

CONCLUSION

The motion is DENIED.

Plaintiff is ordered to give notice of this ruling.