Judge: Deirdre Hill, Case: 19TRCV01064, Date: 2022-08-04 Tentative Ruling

Case Number: 19TRCV01064    Hearing Date: August 4, 2022    Dept: M

Hearing Date:                          August 4, 2022

Moving Party:                         Plaintiff Bank of America, N.A.

Responding Party:                  None

Motion for Entry of Judgment Under Terms of Stipulated Settlement  

            The court considered the moving papers.

RULING

            The motion is GRANTED. 

BACKGROUND

On November 26, 2019, plaintiff Bank America, N.A. filed a complaint against defendant Andrea Thatcher asserting one cause of action for common counts.

On February 3, 2021, the court entered an Order on Settlement Agreement and Stipulation for Judgment and retained jurisdiction under CCP § 664.6.

On June 17, 2022, plaintiff filed the instant motion for entry of judgment under terms of the stipulated settlement.  No opposition to the motion has been filed.

LEGAL AUTHORITY

The court is empowered to enter judgment where parties to pending litigation stipulate to a settlement either orally before the court or in a writing signed by the parties outside of court.  CCP § 664.6.  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.  The purpose of section 664.6 is to permit a court, via a summary proceeding, to finally dispose of an action when the existence of the agreement or the terms of the settlement are subject to reasonable dispute.  Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994.  Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or not.  Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 209 fn. 4.  When ruling on a section 664.6 motion, the trial court acts as a trier of fact to determine whether a settlement has occurred, which is also an implicit authorization for the trial court to interpret the terms and conditions to settlement.  Skulnick v. Roberts Express, Inc. (1992) 2 Cal.App.4th 884, 889.

            To enforce a written settlement agreement under CCP section 664.6, the following three elements must be met: (1) the parties must have come to a meeting of the minds; (2) there must be a writing that contains the material terms of the agreement; and (3) the writing must be signed by the parties.  Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793.

DISCUSSION

Under CCP section 664.6, plaintiff requests an order for entry of judgment under the terms of stipulated settlement in this case.

Plaintiff’s counsel attests to the following facts.  Under the stipulated settlement, the defendant agreed to pay plaintiff the principal sum of $47,710.48, plus court costs of $520, in the following order: (1) monthly installments of a minimum of $25.00 on or before the 28th day of every month beginning January 2021; (2) a minimum of $50.00 on or before the 28th day every month beginning July 2021; (3) a minimum of $787.68 on or before the 8th day of every month beginning January 2022; and (4) a final payment of $519.68 on or before January 8, 2027.  Dipiero Decl., ¶ 3; Exhibit A, ¶ 1.

However, after paying $450, the defendant has not made any other payments since December 8, 2021.  Dipiero Decl., ¶¶ 5, 7.  Plaintiff provided the defendant with 10 days’ written notice of the default and its intent to request entry of default and default judgment.  Dipiero Decl., ¶ 7; Exhibit B.  “The balance now due, owing, and unpaid to plaintiff from defendant is the sum of $47,260.48 plus costs in the sum of $581.65 for a total judgment of $47,842.13.”  Dipiero Decl., ¶ 8.

The stipulated settlement states: “If Defendant fails to make full and timely payment of any installment or if any payment is reversed, then the full remaining balance will be due, and Plaintiff shall be entitled to enter judgment for the Judgment Amount plus any motion and/or order fees required by the court, less credit for payments made.”  Motion, Exhibit A, ¶ 4, last sentence, emphasis added.

The judgment amount was $48,230.48 (principal sum of $47,710.48, plus court costs of $520).  Plaintiff paid $61.65 in court filing fees for the instant motion.  See Motion, last page (providing plaintiff’s reservation receipt for this hearing).  Defendant has only paid $450 to date.  Adding those amounts together ($48,230.48 plus $61.65, less $450) equals $47,842.13, the amount plaintiff is asking the court to enter as judgment.  Dipiero Decl., ¶ 8.  The court finds the request proper under the parties’ stipulated settlement.  Therefore, the court grants the motion. 

The motion is GRANTED.

The court enters a judgment of $47,842.13 against defendant Andrea Thatcher.

            Plaintiff is ordered to give notice of ruling.