Faura

This is a discretionary appeal from the appellate department of the superior court. Appellant, The Interinsurance Exchange of the Automobile Club of Southern California (Exchange), appeals from an affirmance of a dismissal without prejudice. We reverse.

The Action

On April 27, 1994, Exchange filed a complaint in municipal court for subrogation against respondent Jorge Julio Faura to recover payment of an uninsured motorist claim made by Exchange in favor of its insured.

On November 23, 1994, a “Notice of Settlement” was filed which stated: “Notice is given that the within case has been settled under terms that provide for the defendant(s) to make monthly installment payments. It is expected that the defendant(s) will complete such payments by September 15, 2001, at which time plaintiff shall file a dismissal of the case.”

Contained in the court file is a document dated March 28, 1994, without proof of service attached, addressed to “Counsel of Record,” which states: “The filing of a Notice of Conditional Settlement, Conditional Settlement Agreement or Stipulation for Judgment does not remove a case from the Status Conference or Order to Show Cause hearing Calendar. In…