Plaintiff National Collegiate Student Loan Trust 2007-4’s unopposed Motion to Set Aside the Dismissal and to Enter Judgment Pursuant to Stipulation for Entry of Judgment is GRANTED.  

 

            On March 27, 2017, the parties entered into a settlement agreement with the court to retain jurisdiction to enforce the parties’ settlement agreement pursuant to Code of Civil Procedure section 664.6.  (Boone Decl. ¶ 7, Exh. 1.)  On May 17, 2017, Plaintiff dismissed the action with the Court to retain jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the settlement agreement.  Thus, the Court has the authority to enforce the settlement agreement entered into between the parties per CCP § 664.6.  Defendant has failed to timely pay Plaintiff the amounts due under the settlement and therefore is in default on the terms of the settlement agreement.  Defendant has paid only $6,000.00 of the amount due.  (Boone Decl. ¶ 9.)  In the settlement agreement, Defendant stipulated to entry of judgment upon Defendant’s default in payments.  (Boone Decl., Exh. 1 at ¶ 1.)  Defendant waived the right to any further notice or hearing.  (Boone Decl., Exh. 1 at ¶ 4.)  Plaintiff has provided the required notice of default in payments and notice of intent to request entry of judgment and notice of the continuance of the hearing.

 

            The dismissal entered on May 17, 2017 is set aside. Judgment is entered in Plaintiff’s favor against Defendant Danny Wright in the total amount of $34,097.63 (stipulated judgment of $40,097.63 consisting of damages of $39,595.13 and costs of $502.50 less credit for $6,000.00 paid).

 

            Moving party to give notice.