This case was last updated from Los Angeles County Superior Courts on 03/17/2020 at 00:28:41 (UTC).

SENTINEL INSURANCE COMPANY VS FRANCISCO RODRIGUEZ

Case Summary

On 05/01/2018 SENTINEL INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against FRANCISCO RODRIGUEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4806

  • Filing Date:

    05/01/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Plaintiff and Petitioner

SENTINEL INSURANCE COMPANY

Defendants and Respondents

DOES 1 - 25

RODRIGUEZ FRANCISCO

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

FISCHER-REYES JENNA ESQ.

Defendant Attorneys

WASSON DAVID B. ESQ.

KIM LEAH J.

 

Court Documents

Request for Dismissal

3/6/2020: Request for Dismissal

Motion to Enforce Settlement

1/23/2020: Motion to Enforce Settlement

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR ORDER TO ENFORCE SETTL...)

2/13/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR ORDER TO ENFORCE SETTL...)

Notice of Ruling

10/24/2019: Notice of Ruling

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

10/15/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Notice of Settlement

10/15/2019: Notice of Settlement

Association of Attorney

7/5/2019: Association of Attorney

Notice of Change of Address or Other Contact Information

2/27/2019: Notice of Change of Address or Other Contact Information

ANSWER TO COMPLAINT - DEMAND FOR TRIAL BY JURY AND NOTICE OF POSTING JURY FEES

7/30/2018: ANSWER TO COMPLAINT - DEMAND FOR TRIAL BY JURY AND NOTICE OF POSTING JURY FEES

PROOF OF SERVICE SUMMONS -

5/11/2018: PROOF OF SERVICE SUMMONS -

SUMMONS -

5/1/2018: SUMMONS -

COMPLAINT (SUBROGATION TO RECOVER INSURANCE BENEFITS)

5/1/2018: COMPLAINT (SUBROGATION TO RECOVER INSURANCE BENEFITS)

 

Docket Entries

  • 03/06/2020
  • DocketRequest for Dismissal; Filed by Sentinel Insurance Company (Plaintiff)

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  • 02/13/2020
  • Docketat 1:30 PM in Department 31, Thomas D. Long, Presiding; Hearing on Motion for Order (Motion for Order to enforce settlement.) - Held

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  • 02/13/2020
  • DocketMinute Order ( (Hearing on Motion for Order Motion for Order to enforce settl...)); Filed by Clerk

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  • 01/23/2020
  • DocketMotion to Enforce Settlement; Filed by Sentinel Insurance Company (Plaintiff)

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  • 11/01/2019
  • Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 10/24/2019
  • DocketNotice of Ruling; Filed by Francisco Rodriguez (Defendant)

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  • 10/15/2019
  • Docketat 10:00 AM in Department 3, Holly E. Kendig, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 10/15/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 10/15/2019
  • DocketNotice of Settlement; Filed by Sentinel Insurance Company (Plaintiff)

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  • 07/05/2019
  • DocketAssociation of Attorney; Filed by Francisco Rodriguez (Defendant)

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  • 02/27/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Jenna, Fischer-Reyes, Esq. (Attorney)

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  • 07/30/2018
  • DocketANSWER TO COMPLAINT - DEMAND FOR TRIAL BY JURY AND NOTICE OF POSTING JURY FEES

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  • 07/30/2018
  • DocketAnswer; Filed by Francisco Rodriguez (Defendant)

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  • 05/11/2018
  • DocketProof-Service/Summons; Filed by Sentinel Insurance Company (Plaintiff)

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  • 05/11/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/01/2018
  • DocketSUMMONS

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  • 05/01/2018
  • DocketComplaint; Filed by Sentinel Insurance Company (Plaintiff)

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  • 05/01/2018
  • DocketCOMPLAINT (SUBROGATION TO RECOVER INSURANCE BENEFITS)

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Tentative Rulings

Case Number: BC704806    Hearing Date: February 13, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SENTINEL INS. CO.,

Plaintiff(s),

vs.

FRANCISCO RODRIGUEZ, ET AL.,

Defendant(s).

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Case No.: BC704806

[TENTATIVE] ORDER GRANTING MOTION TO ENFORCE SETTLEMENT

Dept. 31

1:30 p.m.

February 13, 2020

Plaintiff, Sentinel Insurance Company filed this action against Defendant, Francisco Rodriguez for subrogation.  In September of 2019 (the exact date is not legible on the parties’ settlement agreement), the parties entered into a settlement agreement pursuant to which Defendant agreed to pay Plaintiff $150/month from 9/16/19 to 1/16/21, $100 on 2/16/21, and $2500 on or before 3/16/20.  An OSC re: dismissal due to settlement is scheduled for 4/16/20.  Additionally, Defendant’s insurance company, Infinity Insurance, agreed to pay $10,000 to Plaintiff; no date was set for that payment. 

At this time, Plaintiff moves to enforce the settlement pursuant to CCP §664.6.  §664.6 provides, “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.”

Plaintiff’s moving papers are a bit confusing.  Plaintiff’s attorney’s declaration states that “Defendant” agreed to pay $10,000 on or before 11/28/18.  The settlement wasn’t even signed until September of 2019.  As noted above, there was no date certain for the $10,000 payment.  Importantly, the $10,000 payment was to be made by Infiniti Insurance Company, not by Defendant.  Plaintiff’s proposed order does not include an amount to be paid by Defendant, but it appears Plaintiff seeks to have Defendant pay $15,000 plus attorneys’ fees and costs. 

There is also no declaration stating that Defendant is not making monthly payments, as contemplated by the parties’ agreement.  At ¶14, Plaintiff’s attorney declares Defendant has not paid the settlement monies, but does not declare that zero payments have been made.  The Court cannot determine exactly what is due and owing by reviewing the declaration in support of the motion. 

The motion to enforce the settlement is denied.  The ruling is without prejudice to Plaintiff’s right to renew the motion and be more clear about whether it seeks judgment against Defendant and/or Defendant’s insurance company and in what amount.  To the extent Plaintiff seeks to hold Defendant liable for his insurance company’s failure to make a payment, Plaintiff must provide authority for this position.  To the extent Plaintiff seeks judgment against Defendant’s insurance company, the Court notes that the insurance company is not a party to this action, and Plaintiff must establish jurisdiction over the insurance company in connection with any such request for relief. 

Plaintiff is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.