Judge: Christian R. Gullon, Case: 22PSCV00062, Date: 2023-08-31 Tentative Ruling

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Case Number: 22PSCV00062    Hearing Date: August 31, 2023    Dept: O

Tentative Ruling

PLAINTIFF’S MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT is MOOT because the court entered judgment on 6/28/23.

Background

This is a collections case.

On January 20, 2022, Plaintiff filed suit against Defendant for $26,240.96 for unpaid debt on a credit card.

On February 4, 2022, a Stipulation was filed wherein Defendant agreed to pay, pursuant to a certain fee schedule, the debt.

On March 29, 2023, Plaintiff filed a motion to set aside the dismissal based upon Defendant’s default on payments.

On April 5, 2023, the court signed an order that set aside the dismissal entered on February 7, 2022 and Plaintiff to be allowed to file a conditional settlement agreement.

On June 28, 2023, Plaintiff filed the instant MOTION FOR ENTRY OF JUDGMENT UNDER TERMS OF STIPULATED SETTLEMENT. That same day, the court signed an order wherein Plaintiff should recover $24,135.00 plus court costs in the sum of $1,000.15 for a total judgment of $25,135.15 against Defendant.

On July 11, 2023, Plaintiff filed an ‘Abstract Of Judgment—Civil And Small Claims.’

Discussion

As the relief sought from the motion is for the court to enforce the settlement and enter judgment under the terms of settlement (pursuant to Code of Civil Procedure section 664.6) and on June 28, 2023 the court signed a propose order providing such relief, the motion is moot.