Aspire General Insurance Company v. Holloway

Aspire General Insurance Company v. Holloway, 24LCP-0235

Hearing: Motion to Enforce Settlement and Enter Judgment

Date: June 2, 2026

Aspire General Insurance Company (Aspire) filed this subrogation action on February 22, 2024, against Shayla Marie Holloway and Todd Michael Holloway seeking $10,411.48 in damages. Todd Michael Holloway was personally served on April 8, 2024.

Default was entered against Todd Michael Holloway (Defendant) on June 4, 2024. On June 24, 2024, Aspire filed a notice of conditional settlement. The Court entered an order pursuant to California Rules of Court, rule 3.1385 stating that the matter was ordered dismissed on January 30, 2029, absent a prior motion to vacate the order.

Plaintiff now moves to enforce the settlement and enter judgment against Defendant Todd Michael Holloway.

“If parties to pending litigation stipulate, in a writing signed by the parties outside of 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, subd. (a).)

Aspire entered into a Stipulation for Entry of Judgment and Installment Payments (Agreement) with Defendant on June 7, 2024. (Tapper Decl., ¶ 2; Ex. A.) Defendant agreed to make monthly payments beginning on May 15, 2024. (Id. ̧¶ 2.) If the payments were not timely made, Defendant agreed that judgment could be entered against him in the principal sum of $10,411.48, less all payments, plus interest at the rate of five percent from August 15, 2023, plus court costs. (Id., ¶¶ 1, 5.) Defendant failed to make any payments and Aspire requests that judgment be entered against him in the sum of $11,936.02, including interest and Court costs for filing and service of process. (Tapper Decl., ¶ 5.)

The motion was served on Defendant and no opposition is on file.

Vacating the Court’s June 24, 2024, order and entering judgment against Defendant appears proper. However, there is no proof of service showing that defendant Shayla Marie Holloway was served with the complaint, she is not a party to the Agreement and she has not been dismissed.

Aspire shall come prepared to discuss whether it intends to dismiss Shayla Marie Holloway.

1