Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

Plaintiff Bank of America and Defendant Greg P. Franko entered into a “Stipulation for Entry of Judgment”, settling this case.  The agreement was reduced to writing and signed by the parties.  The parties expressly agreed that the Court would retain jurisdiction to enforce the settlement until performance in full of the terms of the agreement. 

Pursuant to the stipulation, the parties agreed that judgment in the sum of $53,852.07 would not be entered so long as Defendant timely made monthly payments on the agreed settlement amount.  If Defendant failed to make payment, then Defendant would be deemed in default, and in the event of such default, the Court was authorized to enter judgment in favor of Plaintiff and against Defendant in the amount of $53,852.07, less payments received and court costs.   

Defendant has defaulted under the terms of the agreement by failing to timely make payments as agreed.  Plaintiff now moves the Court for entry of judgment in the sum of $52,473.37 (which is $53,196.81, plus court costs of $756.56 less $1,480 for payments made to date).  No opposition was filed as of the posting of this tentative ruling.   

Where the parties executed a written agreement to settle the case, the court may, upon motion, enter judgment pursuant to the terms of the settlement.  (Code Civ. Proc. §664.6.)  Based on the foregoing and pursuant to Code Civ. Proc. §664.6, the Court grants Plaintiff’s motion to enforce settlement.  Judgment is awarded in favor of Plaintiff in the amount of $52,473.37.   

 

IT IS SO ORDERED. 

 

DATED: December 12, 2023 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court