On 09/05/2017 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against NICHOLAS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Dismissed.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
STATE FARM MUTUAL AUTOMOBILE INSURANCE
MARTIN NICHOLAS ANDREW
DOES I TO V
BENSON SUSAN M. ESQ.
11/15/2017: ANSWER OF DEFENDANT NICHOLAS ANDREW MARTIN TO PLAINTIFF'S COMPLAINT
10/10/2017: PROOF OF SERVICE SUMMONS
9/5/2017: COMPLAINT FOR DAMAGES
at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Vacated by CourtRead MoreRead Less
at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Vacated by CourtRead MoreRead Less
Order (Dismissal); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)Read MoreRead Less
Stipulation - No Order (For Entry of Judgment); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)Read MoreRead Less
ANSWER OF DEFENDANT NICHOLAS ANDREW MARTIN TO PLAINTIFF'S COMPLAINTRead MoreRead Less
Answer; Filed by Defendant/RespondentRead MoreRead Less
Proof-Service/Summons; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)Read MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
COMPLAINT FOR DAMAGESRead MoreRead Less
Complaint; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
Case Number: BC674762 Hearing Date: April 22, 2021 Dept: 29
State Farm Mutual Automobile Insurance Co. vs. Martin
Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) move to enforce a settlement agreement with Defendant Nicholas Andrew Martin (“Defendant”) is GRANTED.
Defendant has not opposed the motion.
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.)
Under Paragraph 11 of the Parties settlement agreement, The Defendant agreed to settle with Plaintiffs via a written settlement agreement. Defendant made payments in sum of $,2,500.00 and Alliance United Insurance Company paid Plaintiff $5,000 on behalf of Defendant. There is a balance of $2,500.00 and a Notice of Default was entered. Paragraph 11 of the settlement agreement invokes that if a dismissal action is filed, the Court has jurisdiction to enforce the settlement agreement pursuant to 664.6. The Court expressly retained jurisdiction to enforce the settlement in its order dismissing the action on February 15, 2019.
Plaintiffs advance evidence of the settlement agreement (Motion to Set Aside, Dismissal, Exhibit 1); , Declaration of attorney Susan Benson whose office sent the default payment letter to the Defendant (Benson decl. Par. 6);, and provided a timeline of the Defendant complying and then defaulting with and upon the terms of the settlement agreement. Id. At 4:15-26. Plaintiffs also advanced a Notice of (Default Motion to Set Aside Dismissal, Exhibit 2). The Plaintiff has admitted a sufficient amount of evidence proving their settlement agreement with Defendant. Accordingly, the motion is GRANTED. The Court enters judgment against Defendant per the terms of the settlement agreements. The Court enters a judgment of $21,301.07 pursuant to the terms of the settlement agreement and based on the facts in paragraph 8 of Susan Benson’s declaration.
Plaintiffs to give notice.
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