Judge: Christian R. Gullon, Case: KC067761, Date: 2023-06-29 Tentative Ruling

Case Number: KC067761    Hearing Date: June 29, 2023    Dept: O

Tentative Ruling

PLAINTIFF’S MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT is GRANTED.

Background

This is a collections case.

On July 6, 2015, Plaintiff NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-3, A DELAWARE STATUTORY TRUST filed suit against Defendants MICHAEL W MANTEL A/K/A MICHAEL W MANTEL JR and LETICIA MANTEL.

On May 12, 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

Plaintiff explains that the Parties entered a Conditional Stipulated Settlement Agreement that was filed with this court on January 13, 2016. However, on December 20, 2022, Defendants ceased making payments towards the settlement, and have not made any payments since that date. Thus, Defendants have defaulted on the terms of the Stipulation. (See Bonne Decl., Ex. 1 [Agreement].)

Therefore, the court grants Plaintiff’s request for the pre-judgment amount of $46,690.52 plus court costs of $570.00, minus credits of $34,600.00 totaling $12,660.52.

Conclusion

Based on the foregoing, the motion is granted.[1]