This case was last updated from Los Angeles County Superior Courts on 11/06/2019 at 00:16:41 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS GIL GARCIA

Case Summary

On 05/21/2018 a Personal Injury - Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB against GIL GARCIA in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6971

  • Filing Date:

    05/21/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE

Defendants and Respondents

DOES 1 THROUGH 10

GARCIA GIL JR.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LAW OFFICES OF RICHARDSON FAIR & COHEN

 

Court Documents

Stipulation and Order - STIPULATION AND ORDER FOR CONDITIONAL SETTLEMENT AND DISMISSAL PURSUANT TO CCP 664.6 & ORDER

10/15/2019: Stipulation and Order - STIPULATION AND ORDER FOR CONDITIONAL SETTLEMENT AND DISMISSAL PURSUANT TO CCP 664.6 & ORDER

Stipulation and Order - STIPULATION AND ORDER FOR CONDITIONAL SETTLEMENT AND DISMISSAL PURSUANT TO CCP 664.6 & ORDER

10/15/2019: Stipulation and Order - STIPULATION AND ORDER FOR CONDITIONAL SETTLEMENT AND DISMISSAL PURSUANT TO CCP 664.6 & ORDER

Declaration - DECLARATION DECLARATION OF DEFAULT UNDER STIPULATION FOR JUDGMENT & REQUEST FOR ENTRY OF JUDGMENT

5/16/2019: Declaration - DECLARATION DECLARATION OF DEFAULT UNDER STIPULATION FOR JUDGMENT & REQUEST FOR ENTRY OF JUDGMENT

PROOF OF SERVICE OF SUMMONS

7/2/2018: PROOF OF SERVICE OF SUMMONS

SUMMONS -

5/21/2018: SUMMONS -

COMPLAINT FOR SUBROGATION RECOVERY

5/21/2018: COMPLAINT FOR SUBROGATION RECOVERY

 

Docket Entries

  • 11/04/2019
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 10/15/2019
  • DocketStipulation and Order (for Conditional Settlement and Dismissal pursuant to CCP 664.6 & Order); Filed by Interinsurance Exchange of the Automobile (Plaintiff)

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  • 05/16/2019
  • DocketDeclaration (Declaration of Default Under Stipulation for Judgment & Request for Entry of Judgment); Filed by Interinsurance Exchange of the Automobile (Plaintiff)

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  • 07/02/2018
  • DocketProof-Service/Summons; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

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  • 07/02/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 05/21/2018
  • DocketCOMPLAINT FOR SUBROGATION RECOVERY

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  • 05/21/2018
  • DocketComplaint; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

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  • 05/21/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC706971    Hearing Date: February 20, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

interinsurance exchange of the automobile club,

Plaintiff,

v.

gil garcia, jr.,

Defendant.

Case No.: BC706971

Hearing Date: February 20, 2020

[TENTATIVE] order RE:

Defendant’s Motion for entry of stipulated judgment

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) moves for entry of judgment against Defendant Gil Garcia, Jr. (“Defendant”) per the terms of the stipulation this Court entered on October 15, 2019. 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 its order of October 15, 2019, the Court ordered that, per the stipulation of the parties, Defendant would pay Plaintiff $100 per month until Defendant paid a total sum of $21,000. The Court dismissed the case, but retained jurisdiction to enforce the settlement. (See Stipulation and Order for Conditional Settlement.) Plaintiff has advanced evidence that Defendant made two payments, and but is now in default. Accordingly, the motion is granted. The Court enters judgment against Defendant in the sum of $20,800, plus $435 in costs.

CONCLUSION AND ORDER

Defendant’s motion for entry of judgment is granted. The Court signs Defendant’s proposed judgment this date. Defendant is to give notice and file proof of service of such.

DATED: February 20, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court