CLJ537583 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS. DARREN J. LORETO

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY DARREN JOSE LORETO
RICHARD L. MAHFOUZ

KENT S. EDWARD

PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY’S MOTION TO ENFORCE A SETTLEMENT AGREEMENT AND ENTER JUDGMENT TENTATIVE RULING:

The unopposed motion for entry of judgment is GRANTED. Judgement shall be entered for plaintiff in the amount of $9,075.55. CCP §664.6 provides that if parties to pending litigation stipulate to settle the matter, in writing or orally before the court, the court may enter judgment pursuant to the terms of the settlement. The court may also retain jurisdiction to enforce the settlement until its terms are fully performed. Id.

The parties written settlement agreement states they stipulate to settle the case for $10,718. Of this amount, $4,718 is to be paid by defendant’s insurance carrier. The $6,000 balance of is to be paid by defendant in installments with an initial payment of $200 on signing and monthly installments of $200 until the balance is paid in full. The settlement further provides that if defendant fails to make the payment each month, he will be in default and plaintiff’s attorney may, by ex parte motion, submit an order for entry of judgment without further notice. The judgment shall be in the amount of $12,321.41 plus interest at 7% from May 1, 2017, costs of suit, costs of enforcing the settlement and attorney’s fees, less any payments received from defendant or his insurance carrier. The proposed judgment is for 9,057.55. This represents principal of $12,321.41 plus interest of $1,000.64, court costs of $553.50 and attorney’s fees of $500 less the payments from defendant and his insurer of $5,318.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10. If the tentative ruling is uncontested, moving party is directed to prepare, circulate, and submit a written order reflecting this Court’s ruling verbatim and Judgment for the Court’s signature, consistent with the requirements of CRC Rule 3.1312. The proposed order is to be submitted directly to Judge Richard H. DuBois, Department 16.