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.
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
HOLLY E. KENDIG
THOMAS D. LONG
SENTINEL INSURANCE COMPANY
DOES 1 - 25
FISCHER-REYES JENNA ESQ.
WASSON DAVID B. ESQ.
KIM LEAH J.
3/6/2020: Request for Dismissal
1/23/2020: Motion to Enforce Settlement
2/13/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR ORDER TO ENFORCE SETTL...)
10/24/2019: Notice of Ruling
10/15/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
10/15/2019: Notice of Settlement
7/5/2019: Association of Attorney
2/27/2019: Notice of Change of Address or Other Contact Information
7/30/2018: ANSWER TO COMPLAINT - DEMAND FOR TRIAL BY JURY AND NOTICE OF POSTING JURY FEES
5/11/2018: PROOF OF SERVICE SUMMONS -
5/1/2018: SUMMONS -
5/1/2018: COMPLAINT (SUBROGATION TO RECOVER INSURANCE BENEFITS)
DocketRequest for Dismissal; Filed by Sentinel Insurance Company (Plaintiff)Read MoreRead Less
Docketat 1:30 PM in Department 31, Thomas D. Long, Presiding; Hearing on Motion for Order (Motion for Order to enforce settlement.) - HeldRead MoreRead Less
DocketMinute Order ( (Hearing on Motion for Order Motion for Order to enforce settl...)); Filed by ClerkRead MoreRead Less
DocketMotion to Enforce Settlement; Filed by Sentinel Insurance Company (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
DocketNotice of Ruling; Filed by Francisco Rodriguez (Defendant)Read MoreRead Less
Docketat 10:00 AM in Department 3, Holly E. Kendig, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketNotice of Settlement; Filed by Sentinel Insurance Company (Plaintiff)Read MoreRead Less
DocketAssociation of Attorney; Filed by Francisco Rodriguez (Defendant)Read MoreRead Less
DocketNotice of Change of Address or Other Contact Information; Filed by Jenna, Fischer-Reyes, Esq. (Attorney)Read MoreRead Less
DocketANSWER TO COMPLAINT - DEMAND FOR TRIAL BY JURY AND NOTICE OF POSTING JURY FEESRead MoreRead Less
DocketAnswer; Filed by Francisco Rodriguez (Defendant)Read MoreRead Less
DocketProof-Service/Summons; Filed by Sentinel Insurance Company (Plaintiff)Read MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by Sentinel Insurance Company (Plaintiff)Read MoreRead Less
DocketCOMPLAINT (SUBROGATION TO RECOVER INSURANCE BENEFITS)Read MoreRead Less
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.,
FRANCISCO RODRIGUEZ, ET AL.,
Case No.: BC704806
[TENTATIVE] ORDER GRANTING MOTION TO ENFORCE SETTLEMENT
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 email@example.com 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.