Judge: Deirdre Hill, Case: YC069318, Date: 2022-08-31 Tentative Ruling

Case Number: YC069318    Hearing Date: August 31, 2022    Dept: M

Hearing Date:                          August 31, 2022

Moving Parties:                      Plaintiff National Collegiate Student Loan Trust 2006-3

Responding Party:                  None  

Motion to Set Aside CCP §664.6 Dismissal, and Enter Judgment Against Defendant

            The court considered the moving papers.  No opposition was filed.

RULING

            The motion is GRANTED.  The dismissal entered on September 28, 2015 is set aside and vacated.  Judgment is entered in the amount of $30,797.37, less $4,447.08 in credits, for total of $26,350.29 in favor of plaintiff and against defendant Poorang Mohajer.

BACKGROUND

            On September 27, 2013, National Collegiate Student Loan Trust filed a complaint against Poorang Mohajer.

            On June 11, 2015, plaintiff filed a notice of conditional settlement.

            On August 24, 2015, the case was dismissed.

On September 28, 2015, plaintiff filed a copy of stipulation for conditional settlement and the dismissal was amended to include that the court would retain jurisdiction under CCP §664.6.

LEGAL AUTHORITY

Pursuant to CCP §664.6:  “If parties to pending litigation 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, 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.” 

“Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit.”  Chan v. Lund (2010) 188 Cal.App.4th 1159, 1165-66 (quoting Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809-10).  Under CCP §664.6, a court may determine disputed factual issues regarding the settlement agreement and even permits the court “to entertain challenges to the actual terms of the stipulation, that is, whether there actually was a settlement . . . and to interpret the terms of the settlement agreement.”  Fiore v. Alvord (1985) 182 Cal. App. 3d 561, 566. 

DISCUSSION

            Under CCP §664.6, plaintiff National Collegiate Student Loan Trust 2006-3 requests an order to set aside and vacate the dismissal and enter judgment against defendant Poorang Mohajer.

            On September 28, 2015, the case was dismissed, and the court retained jurisdiction under CCP §664.6.

            Plaintiff explains that the parties entered into a conditional stipulated settlement filed on September 28, 2015.  The stipulation required for installment payments from defendant to plaintiff.  In consideration, plaintiff would dismiss the action without prejudice, pursuant to CCP §664.6.  The parties stipulated that in the event of default, the court would retain jurisdiction over defendant, set aside the dismissal, and enter judgment in favor of plaintiff and against defendant.  Defendant agreed to pay $30,797.37 as follows:  $101.07 due on June 26, 2015; monthly payments of $101.07 beginning on July 26, 2015 until paid.  To date, defendant paid $4,447.08.  Defendant defaulted by ceasing to make payments since February 8, 2019, and thereafter. The amount due and owing is $26,350.29.  See Stephanie Boone decl. and Exh. 1 (Conditional Stipulated Settlement).

            The motion is GRANTED.

            Plaintiff is ordered to give notice of ruling.