Judge: Christian R. Gullon, Case: 23PSCV02014, Date: 2024-03-06 Tentative Ruling

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Case Number: 23PSCV02014    Hearing Date: March 6, 2024    Dept: O

Tentative Ruling

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION is MOOT because the parties have settled the matter.

Background

This is a credit cards collection case.

On July 6, 2023, Plaintiff AMERICAN EXPRESS NATIONAL BANK filed suit against Defendant DIANE LAI alleging $30,593.85 in damages.

On August 17, 2023, Defendant filed an answer.

On November 2, 2023, Plaintiff filed the instant motion.

On December 5, 2023, Plaintiff informed the Court that the matter has reached a Settlement Agreement. (See Minute Order.)

On December 23, 2023, Plaintiff’s Counsel filed a Declaration Regarding Order to Show Cause Hearing, which indicated that the parties reached a tentative settlement.

On February 23, 2024, Plaintiff filed a Case Management Statement, indicating that “The parties have tentatively settled this matter and defendant is current on settlement payments. A settlement stipulation has recently been circulated, and if defendant returns the signed stipulation and complies with its terms, plaintiff intends to dismiss this matter without prejudice with the court to retain jurisdiction to enforce the terms of the settlement per CCP § 664.6. In the event the parties’ tentative settlement breaks down, plaintiff intends to proceed with its motion for summary judgment.”

Discussion

The instant motion is moot because the parties have reached a settlement and there is no indication, thus far, that Defendant has defaulted on the settlement.