State Farm Insurance Company (Plaintiff) brought this subrogation action against Shiela Stoffel (Defendant) to recover $9,696.03 in property damage paid to its insured that was allegedly caused by Defendant’s negligence. The matter was settled for $9,941.03. Defendant’s insurance company was to pay $7,802.55 and Defendant the remaining $2,138.48 by monthly payments. Defendant has made only one $200 payment.
Pursuant to the terms of the settlement agreement and CCP §664.6, Plaintiff now moves for entry of judgment due to Defendant’s default on the monthly payments. Plaintiff requests that a judgment be entered against Defendant in the total amount of $3,397.08. There is no opposition filed by Defendant.
The Court has authority to enforce the terms of a settlement agreement under CCP §664.6, when the agreement is sufficiently definitive to enable the Court to give it an exact meaning. (Weddington v. Flick (1998) 60 Cal.App.4th 793, 812) (Weil & Brown, Cal. Prac. Guide, Civil Pro. Befo
Hearing Date
September 05, 2017
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State Farm Insurance Company (Plaintiff) brought this subrogation action against Shiela Stoffel (Defendant) to recover $9,696.03 in property damage paid to its insured that was allegedly caused by Defendant’s negligence. The matter was settled for $9,941.03. Defendant’s insurance company was to pay $7,802.55 and Defendant the remaining $2,138.48 by monthly payments. Defendant has made only one $200 payment.
Pursuant to the terms of the settlement agreement and CCP §664.6, Plaintiff now moves for entry of judgment due to Defendant’s default on the monthly payments. Plaintiff requests that a judgment be entered against Defendant in the total amount of $3,397.08. There is no opposition filed by Defendant.
The Court has authority to enforce the terms of a settlement agreement under CCP §664.6, when the agreement is sufficiently definitive to enable the Court to give it an exact meaning. (Weddington v. Flick (1998) 60 Cal.App.4th 793, 812) (Weil & Brown, Cal. Prac. Guide, Civil Pro. Befo