Judge: Deborah C. Servino, Case: 30-20220-01163754, Date: 2023-08-04 Tentative Ruling

Plaintiff American Express National Bank’s unopposed motion to vacate the dismissal entered in this action and for entry of judgment in the amount of $22,427.89 upon its settlement stipulation with Defendant Sunit R. Dutta, is granted.

Under Code of Civil Procedure section 664.6, “parties to pending litigation” may stipulate “in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof.” Upon a party’s motion, the court “may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6, subd. (a).)

Here, the parties entered into a stipulation for settlement of this action.  The parties’ agreement was dismissal of the action and for payments upon a certain schedule. If those payments were not made, dismissal could be vacated and entry of judgment in the total amount.  The agreement also provided for cure upon notice and that judgment could be obtained after there was no payment and no cure.  The parties agreed that the court was to retain jurisdiction pursuant to Code of Civil Procedure section 664.6.  (Keith Decl., at ¶ 5, Exh. A.)  Plaintiff’s counsel gave Defendant notice of his default, but Defendant did not cure.  (Keith Decl., at ¶ 11, Exh. C.)

The judgment amount sought by Plaintiff is the amount stipulated to by the parties, minus payment made prior to default, plus costs expended. (Keith Decl., at ¶¶ 9, 12, 14.)  Accordingly, the motion is granted.  The dismissal entered on March 1, 2022 is hereby vacated.  The court will sign the proposed judgment.

Plaintiff shall give notice of the ruling.