Judge: Christian R. Gullon, Case: 21PSCV00852, Date: 2024-02-13 Tentative Ruling

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Case Number: 21PSCV00852    Hearing Date: February 13, 2024    Dept: O

Tentative Ruling

PLAINTIFF’S MOTION TO VACATE THE CONDITIONAL DISMISSAL AND FOR ENTRY OF JUDGMENT PURUSANT TO CODE OF CIVIL PROCEDURE SECTION 664.6 is GRANTED.[1]

Background

This is a collections case.

On October 20, 2021, Plaintiff AMERICAN EXPRESS NATIONAL BANK filed suit against Defendant RUSTON HAFIF for an unpaid $56,049.86 on Defendant’s credit card.

On April 28, 2022, default was entered against Defendant.

On July 14, 2022, the parties filed a ‘Stipulation For The Court To Dismiss The Case And Retain Jurisdiction Pursuant To Code Of Civil Procedure Section 664.6.’

On December 14, 2023, Plaintiff filed the instant motion.

Legal Standard

California Code of Civil Procedure §664.6(a) provides that, "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, . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement."

Discussion

Per the 7/13/22 settlement agreement, Defendant agreed to make payments to Plaintiff. Defendant has made payments totaling $36,000.00 since the start of this agreement. (Dyle Decl.) However, Defendant has failed to make the payments, meaning he has defaulted on the agreement. Per the settlement agreement, Defendant has 14 days from the date of mailing to cure their default or else Plaintiff may move for entry of judgment. Defendant has not cured the default.

Conclusion

Based on the foregoing, the court GRANTS the motion and enters judgment in favor of Plaintiff and against Defendant in the sum of $20,049.86 plus costs of $563.00 for a total judgment of $20,612.86.