INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB v. MANUEL NIEVES

(Pomona Courthouse South: Dept. O) September 14, 2026 DEPARTMENT O LAW AND MOTION RULINGS The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Dept. O at 909-802-1126 before 8:30 the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at the hearing should the opposing party appear and convince the court of further modification during oral argument. The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question. No such filing will be considered by the Court in the absence of permission first obtained following ex-parte application therefore.

NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER JUDGMENT AGAINST DEFENDANT MANUEL NIEVES is GRANTED; a proposed order has been filed.

Background

This is an automobile subrogation case. On December 5, 2023, INTERINSURANCE EXCHANGE OF THE AUTOMOB LLE CLUB, an insurance exchange, filed suit against Defendant MANUEL NIEVES. On July 26, 2025, a notice of settlement of the entire case was filed. (According to this motion, the case was settled on 7/8/24.) The Stipulation calls for Defendant to pay the sum of $500.00 on or before the 5th day of each month from May 5, 2024 through October 5, 2026, with the installments totaling $15,000.00. On August 6, 2025, Plaintiff dismissed Defendant. On August 6, 2026, the instant motion was filed.

Discussion

Plaintiff brings forth this motion pursuant to Code of Civil Procedure section 664.6. Section 664.6 provides in relevant part that "the court, upon motion, may enter judgment pursuant to the terms of the settlement." Under the statute, the court "retains jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." The court grants the motion as Defendant has defaulted on said payments. More specifically, the last payment received by Plaintiff was on or about June 15, 2025, in the amount of $500.00; Defendant has made total payments of $4,000.00 under the Stipulation.

Pursuant to paragraphs |, 5, 6, 7, and 8 of the Stipulation, upon Defendant's default, PLAINTIFF is entitled to cause judgment to be entered in the amount set forth in paragraph1 of the Stipulation that is, $50,197.71 in principal, plus interest ($6,690.74) at the rate of 5% per annum on said principal sum from December 5, 2023 (the date of filing of the Complaint) through August 4, 2026, less credit for all payments made prior to default ($4,000.00), plus court costs of $594.79, for a

total of $53,483.24, with interest continuing to accrue thereafter at the rate of $6.88 per day.

Conclusion

Based on the foregoing, as the Stipulation expressly provides that the court has jurisdiction to dismiss this case and retain the right to enforce judgment pursuant to Code of Civil Procedure section 664.6, pursuant thereto, judgment is entered against DEFENDANT. | Home -->)" -->