Judge: Carolyn M. Caietti, Case: 37-2021-00010628-CL-CL-CTL, Date: 2023-09-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 20, 2023

09/21/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Limited  Rule 3.740 Collections Motion Hearing (Civil) 37-2021-00010628-CL-CL-CTL BANK OF AMERICA NA VS BOLOL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Enforce Settlement, 05/17/2023

Plaintiff Bank of America, N.A.'s Motion for Order Setting Aside and Vacating its Prior Order of Dismissal and for Entry of Judgment Pursuant to Stipulation of the Parties is GRANTED.

Plaintiff served this motion on Defendant. (ROA 17.) This motion is unopposed. The Court has authority to vacate the dismissal and enter judgment pursuant to C.C.P. section 664.6 (ROA 19 – Declaration of Kristen Dean, at Ex. 1; ROA 14 – Order of Dismissal Without Prejudice Pursuant to C.C.P., § 664.6.) Defendant made payments, but then defaulted.

The judgment consists of: the principal balance due of $5,808.99, previous court costs of $312, additional costs of $28.91 and $60 court costs for the filing of this motion, less $1,536 for payments made to date. (Dean Decl., at ¶ 7 & Ex. 1-2.) The dismissal is vacated and Plaintiff is entitled to judgment in the amount of $4,63.90.

The Court will sign the proposed judgment. (ROA 21.) Plaintiff is ordered to serve written notice of this ruling and the conformed judgment on all parties within five days of receiving the conformed judgment.

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