Judge: Curtis A. Kin, Case: BC712413, Date: 2023-05-04 Tentative Ruling

Case Number: BC712413    Hearing Date: May 4, 2023    Dept: 72

MOTION TO VACATE DISMISSAL

AND ENTER JUDGMENT

Date:               5/4/23 (8:30 AM)                                                       

Case.               American Express National Bank v. Agustin Q Navarro (BC712413)

TENTATIVE RULING:

Plaintiff American Express National Bank’s Motion to Vacate Dismissal and Enter Judgment Pursuant to CCP § 664.6 is GRANTED.

In the Stipulation for Conditional Entry of Judgment (“Stipulation”), filed on January 10, 2019, defendant Agustin Q Navarro agreed to pay plaintiff American Express National Bank $42,524.22 through monthly installments according to a payment schedule. (Keith Decl. ¶¶ 5, 6 & Ex. A.) Defendant made $41,024.22 in payments. (Keith Decl. ¶ 6.) Defendant has not paid the remaining balance of $865.10. (Keith Decl. ¶¶ 10, 12.)

The Stipulation provides that, if defendant defaults by failing to make any payment on time and defendant fails to cure the default, plaintiff may obtain a judgment under CCP § 664.6 “for the entire balance owed by Defendant in the amount of $41,899.22, plus court costs expended, less any payments made to date…” (Keith Decl. ¶ 5 & Ex. A at ¶ 2.) Because defendant remains in default, despite written demand to cure the default as required under the Stipulation, plaintiff may obtain a judgment for the remaining balance of $865.10, plus costs of $78.84, for a total of $943.94. (Keith Decl. ¶ 11 & Ex. C; Ex. D to Motion.)

The Stipulation provides that the Court may reserve jurisdiction under CCP § 664.6 “to enforce the settlement until the settlement has been fully performed . . . .” (Keith Decl. ¶ 5 & Ex. A at ¶ 4.) On January 11, 2019, pursuant to the Stipulation, the Court dismissed this action and retained jurisdiction to enforce the terms of the settlement under CCP § 664.6. (Keith Decl. ¶ 7 & Ex. B.)

Pursuant to CCP § 664.6, the motion is GRANTED. The Court signs and enters the proposed judgment.