Judge: Christian R. Gullon, Case: KC067825, Date: 2023-11-02 Tentative Ruling
Case Number: KC067825 Hearing Date: November 2, 2023 Dept: O
Tentative Ruling
(1)
PLAINTIFF’S
MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT re: KC067825
is GRANTED.
(2)
PLAINTIFF’S
MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT re: KC068484
is GRANTED.
Background
Both cases are
collection/breach of contract cases.
In KC067825: On August 11, 2015, Plaintiff
filed suit for breach of contract. On
September 19, 2023, Plaintiff filed the instant motion.
In KC068484: Plaintiff filed suit on June 2, 2016.
On September 18, 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 the
following:
In KC067825: On 01/12/2017, a Conditional
Stipulated Settlement Agreement (“Agreement”) was filed and signed by the
court. Defendant made payments towards the balance due, totaling $21,450.00.
The last payment Defendant made was on 12/15/2022. Since then, Defendant has
defaulted on the terms of the Agreement. As the terms of the Agreement allows
for entry of judgment in the principal amount of $60,619.89 (Boone Decl., p. 6
of 10 of PDF) by the court upon a showing Defendant’s failure to comply with
the terms of payment, the court enters judgment in the total amount of
$39,799.89 (damages of $60,619.89, less $21,450.00 (credits), and $630.00 in
costs.
In KC068484: On 01/19/2017, a Conditional
Stipulated Settlement Agreement was entered. Defendant made payments towards
the balance due, totaling $14,020.00. The last payment Defendant made was on
11/15/2022. According to the default terms, Defendant agreed to judgment in the
full amount claimed in the complaint, less any amounts already paid under the
agreement. (See Boone Decl., p. 6 of 10 of PDF.) Therefore, Plaintiff is
requesting the pre-judgment amount of $39,802.53 plus court costs of $630.00,
minus credits of $14,020.00 totaling $26,412.53.
Conclusion
Based on the
foregoing, both motions are granted.[1]