Judge: Cynthia A Freeland, Case: 37-2017-00039832-CL-CL-NC, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 10, 2023

08/11/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Limited  Rule 3.740 Collections Motion Hearing (Civil) 37-2017-00039832-CL-CL-NC SYNCHRONY BANK VS. SPIRES [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 06/08/2023

Plaintiff Synchrony Bank ('Plaintiff')'s motion to set aside dismissal and enter judgment against Defendant Ann Spires ('Defendant') is granted.

On October 19, 2017, Plaintiff commenced this action by filing a Complaint against Defendant for common counts (account stated) and alleging an outstanding debt of $3,011.06. See ROA No. 1. On February 27, 2018, the parties executed a Stipulated Settlement Agreement (the 'Settlement Agreement') under which Defendant acknowledged the amount owed and agreed to pay Plaintiff on the following terms: (1) a one-time payment of $50.00 on February 15, 2018; then (2) monthly payments in the amount of $50.00 beginning on March 15, 2018; then (3) monthly payments in the amount of $75.00 beginning on February 15, 2019; then (4) monthly payments of $125.92 beginning on February 15, 2020 and continuing until paid in full. See Boone Decl., Ex. 1. In exchange, Plaintiff agreed to a stay on entry of judgment and to a conditional dismissal of this action without prejudice provided that Defendant accomplished timely and proper payments. Paragraph 8 of the Settlement Agreement, entitled 'Default in Repayment Terms,' provides that: If Defendant fails to make full and timely payment of any of the specified payments or otherwise fails to abide by the provisions set forth in this Stipulated Settlement Agreement, enforcement of the full stipulated settlement amount will be enforced pursuant to CCP 664.6. In the event DEFENDANT fails to make any payment by its respective due date, and upon Declaration of PLAINTIFF or Plaintiff's Attorney regarding said default, the Court shall set aside the dismissal without prejudice, resume jurisdiction over the matter, and enter a Judgment in favor of PLAINTIFF and against DEFENDANT as agreed in Paragraph 1 of this Stipulated Settlement Agreement, less any amount Defendant has paid on the stipulated settlement balance.

See Settlement Agreement, ¶ 8.

On May 30, 2018, the court approved the Settlement Agreement and dismissed this action without prejudice while retaining jurisdiction under California Code of Civil Procedure ('CCP') § 664.6 (the 'Dismissal Order'). See Boone Decl., Ex. 1; ROA No. 11. Plaintiff now moves to set aside the Dismissal Order and for entry of judgment owing to Defendant's failure to make payments under the Settlement Agreement.

CCP §664.6 (a) provides that: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the Calendar No.: Event ID:  TENTATIVE RULINGS

2982082 CASE NUMBER: CASE TITLE:  SYNCHRONY BANK VS. SPIRES [IMAGED]  37-2017-00039832-CL-CL-NC court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

Cal. Code Civ. P. § 664.6(a). Upon a motion for entry of judgment under CCP § 664.6, the trial court's role is to determine whether the parties entered into a valid and binding agreement for settlement of all or part of a case. In making that determination, the court may rely upon submitted declarations alone.

See Skulnick v. Roberts Express, Inc. (2002) 2 Cal. App. 4th 884, 889.

The court construes Defendant's lack of opposition as a concession of the motion's merits. See San Diego Rules of Court, Rule 2.1.19.B. In addition, the uncontroverted evidence establishes that Defendant has paid Plaintiff a total of $255.00 toward satisfaction of the underlying debt. See Boone Decl., ¶ 9. However, Defendant has not submitted any payments since February 15, 2019 and is currently in default under the Settlement Agreement. Ibid. The foregoing constitutes good cause to grant the motion.

In light of the foregoing, the court grants the motion and: (1) sets aside the Dismissal Order entered on May 30, 2018 (see ROA No. 21), and (2) enters judgment in Plaintiff's favor and against Defendant in the total amount of $3,108.56 ($3,011.06 principal amount owed, less $255.00 in payments received, plus $352.50 in costs incurred). The court will sign Plaintiff's proposed Judgment.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, August 11, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of August 11, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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