Judge: David A. Hoffer, Case: 30-2021-1208350, Date: 2022-08-15 Tentative Ruling

Plaintiff Middlesex Insurance Company’s (“Plaintiff”) unopposed Motion to Enforce Settlement and Enter Judgment against Defendant Weiwei Che Bittner (“Defendant”) is GRANTED.  (Cal. Civ. Proc. Code §664.6; Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.)

The evidence submitted by Plaintiff demonstrates that the parties entered into a Stipulation for Entry of Judgment and Installment Payments (“Stipulation”), whereby Judgment against Defendant in the amount of $26,205.38 plus interest and costs would be stayed as long as Defendant made the agreed upon installment payments to Plaintiff.  (Stipulation [Ex. A to Motion] at ¶ 1-2, 5.)  The moving papers reflect that Defendant made $300 in payments, then failed to make the monthly payment due on 10/28/21 and is now in default.  (Tapper Decl. at ¶ 3.)  The Stipulation indicates that the Court retains jurisdiction pursuant to CCP § 664.6.  (Stipulation at ¶ 9.)

Plaintiff requests judgment be entered against Defendant, pursuant to the terms of the Stipulation, in the sum of $30,941.80, which includes $25,905.38 unpaid principal; $4,521.02 interest at the rate of 10% per annum; $514.40 in costs for filing and service of process.  (Tapper Decl. at ¶ 5.)  No opposition was filed by Defendant.

Based on the foregoing, the Court finds good cause to grant the Motion.  Accordingly, the motion is granted, and judgment will be entered against Defendant and in favor of Plaintiff in the requested amount of $30,941.80, pursuant to C.C.P. § 664.6.

The Court will sign the proposed judgment filed by Plaintiff at ROA 29.

The moving party is ordered to give notice.