Judge: Deirdre Hill, Case: YC072005, Date: 2023-03-01 Tentative Ruling

Case Number: YC072005    Hearing Date: March 1, 2023    Dept: M

Hearing Date:                         March 1, 2023

Moving Parties:                      Plaintiff National Collegiate Student Loan Trust 2006-4

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 September 29, 2017 is set aside and vacated.  Judgment is entered in the amount of $25,298.68 in favor of plaintiff and against defendants Katrina D. Howard and John Howard a/k/a Johnny L. Howard.

BACKGROUND

            On April 20, 2017, National Collegiate Student Loan Trust filed a complaint against Katrina Howard and John Howard.

            On September 29, 2017, 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.

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 2006-4 requests an order to set aside and vacate the dismissal and enter judgment against defendants Katrina D. Howard and John L. Howard in the amount of $25,298.68.

            On September 17, 2017, 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 June 15, 2017.  The stipulation required installment payments from defendants to plaintiff as follows:  $269 due on May 22, 2017; 200 monthly payments of $101.50 beginning on June 22, 2017; 102 monthly payments of $101.50 beginning on February 22, 2034; and a final payment due $95.04 on August 22, 2042, totaling $31,017.04.  In consideration, plaintiff would dismiss the action without prejudice, pursuant to CCP §664.6. 

            The parties also agreed that in the event defendants failed to make any payment by its respective due date, and upon declaration of plaintiff or plaintiff’s attorney of said default, the court shall set aside the dismissal without prejudice, resume jurisdiction over the matter, and enter judgment in favor of plaintiff and against defendants in the amount of $30,582.04, plus costs of $870, less any credits.  According to plaintiff’s counsel, defendants paid $6,153.36 and stopped making payments as of August 22, 2022.  See Stephanie J. Boone decl. and Exh. 1 (Conditional Stipulated Settlement).

            The motion is GRANTED.

            Plaintiff is ordered to give notice of ruling.