Judge: Elaine W. Mandel, Case: 21SMCV01587, Date: 2024-08-08 Tentative Ruling

Case Number: 21SMCV01587    Hearing Date: August 8, 2024    Dept: P

Tentative Ruling

American Express National Bank v. Sealey, Case No. 21SMCV01587

Hearing date: August 8, 2024

American Express’s Motion to Vacate Dismissal and Enter Judgment Pursuant to CCP 664.6 (UNOPPOSED)

Plaintiff American Express National Bank sued defendant Sealey for failure to pay credit card debt. The court dismissed the action, under CCP 664.6, after the parties reached a conditional settlement. American Express moves to vacate the dismissal and enter judgment pursuant to CCP 664.6 for non-payment of the settlement agreement. No opposition has been filed.

Code of Civil Procedure section 664.6 states: “If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.” Code Civ. Proc. §664.6(a) [emphasis added]. For purposes of the statute, “a writing is signed by a party if it is signed by any of the following [among other individuals]: (1) ¶ The party. (2) ¶ An attorney who represents the party.” Code Civ. Proc. §664.6(b) [emphasis added].

“On a motion to enforce, the court must determine whether the settlement agreement is valid and binding. [Citation.] The court assesses whether the material terms of the settlement were reasonably well-defined and certain, and whether the parties expressly acknowledged that they understood and agreed to be bound by those terms. [In re Marriage of Assemi (1994) 7 Cal.4^th 896, 911.]” Estate of Jones (2022) 82 Cal.App.5^th 948, 952.

The court may interpret the terms and conditions of a settlement, Fiore v. Alvord (1985) 182 Cal.App.3d 561, 566, but the court may not create material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon. Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4^th 793, 810.

The court has jurisdiction because the parties filed a stipulation, which includes §664.6 language, and is signed by both parties. Exhibit A ¶4. The stipulation allows ex parte enforcement upon default. Id. ¶2. American Express’s attorney provides a declaration stating Sealey defaulted by failing to make required payments. Keith decl. ¶10. Considering this evidence, entry of judgment under the stipulation is appropriate. GRANTED.