Judge: Deirdre Hill, Case: YC070325, Date: 2023-03-24 Tentative Ruling

Case Number: YC070325    Hearing Date: March 24, 2023    Dept: M

Hearing Date:                         March 24, 2023

Moving Parties:                      Plaintiff National Collegiate Student Loan Trust 2006-1

Responding Party:                  None  

Motion to Vacate Dismissal and Enter Judgment Pursuant to Conditional Stipulated

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

RULING

            The motion is GRANTED.  The dismissal entered on June 26, 2015 is set aside and vacated.  Judgment is entered in the amount of $47,168.29 in favor of plaintiff and against defendant Angelita Dupont.

BACKGROUND

            On January 6, 2015, National Collegiate Student Loan Trust filed a complaint against Angelita Dupont and Ashton Dupont.

            On June 26, 2015, plaintiff filed a notice of conditional settlement.  The court entered an order dismissing the case without prejudice and retained jurisdiction pursuant to CCP §664.6.

            On July 8, 2022, plaintiff filed a notice of default on payments.

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 2006-1 requests an order to set aside and vacate the dismissal and enter judgment against defendant Angelita Dupont in the amount of $47,168.29.

            On June 26, 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 on May 5, 2015.  The stipulation required installment payments from defendant to plaintiff as follows:  $1000 due on February 27, 2015; monthly payments of $250.00 beginning on March 27, 2015 until paid, totaling $55,043.29.  In consideration, plaintiff would dismiss the action without prejudice, pursuant to CCP §664.6. 

            According to plaintiff’s counsel, defendant paid $7,875 and stopped making payments as of October 27, 2017.  See Stephanie J. Boone decl. and Exh. 1 (Conditional Stipulated Settlement).  The parties agreed that in the event defendant failed to make any payment by its respective due date, plaintiff would provide written notice to defendant’s counsel giving defendant 15 days notice to cure said default.  On July 7, 2022, plaintiff’s counsel provided notice of default via mail at defendant’s last known address.  Defendant failed to cure the default. 

            The motion is GRANTED.

            Plaintiff is ordered to give notice of ruling.