Judge: Christian R. Gullon, Case: KC068656, Date: 2023-08-30 Tentative Ruling

Case Number: KC068656    Hearing Date: August 30, 2023    Dept: O

Tentative Ruling

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

Background

This is a collections case.

On August 16, 2016, Plaintiff filed suit against Defendant MACDONALD BRUCE.

On July 24, 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 April 2017, the parties entered a Conditional Stipulated Settlement Agreement ("Agreement"). The Agreement was filed with this Court on 5/18/17. On 5/18/17, Judge Robert A. Dukes signed the Order Dismissing this Case Without Prejudice Pursuant and Retaining Jurisdiction Pursuant to California Code of Civil Procedure § 664.6.[1] Defendant MACDONALD BRUCE made payments towards the balance due, totaling $1,980.00. The last payment Defendant made was on April 2, 2018. However, since then, Defendant ceased making payments towards the settlement.

Accordingly, as Defendant has failed to perform under the terms of the stipulated settlement agreement, and by the terms of the agreement and pursuant to CCP § 664.6, judgment may be entered against the Defendant, the court grants Plaintiff’s request for the prejudgment amount of $58,201.26 plus court costs of$545.00, minus credits of$1,980.00 totaling 18 $56,766.26.

Conclusion

Based on the foregoing, the motion is granted.[2]