Judge: Frank M. Tavelman, Case: 20BBCV00576, Date: 2024-08-09 Tentative Ruling

REQUESTING ORAL ARGUMENT PER CRC 3.1308

The Court will attempt to post all Tentative Rulings at least the day prior to the hearing by 3:00 p.m.; however, the Court does not post Tentative Rulings for all matters.  

The Court will indicate in the Tentative Ruling whether the Court is requesting oral argument.  For cases where the Court is not requesting argument, then the Court is guided by California Rules of Court, Rule 3.1308(a)(1) where the Court requests notice of intent to appear.  Unless the Court directs argument in the Tentative Ruling, a party seeking argument should notify "all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue."  The tentative ruling will become the ruling of the court if no argument is requested.   

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

Notice of the ruling must be served as indicated in the tentative.  Remote appearances are permitted for all law and motion unless otherwise indicated by the Court.  

Case Number: 20BBCV00576    Hearing Date: August 9, 2024    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS: 

American Express National Bank (Amex) brings this action against Michael J. Duda (Defendant). On April 5, 2021, the parties stipulated to the entry of a conditional judgment against Defendant in the amount of $34,852.52. The Court granted the stipulation, and the conditional judgment was entered. As condition of this entry, Amex agreed to conditionally dismiss the action against Defendant pursuant to C.C.P. § 664.6.

Amex now moves to vacate its conditional dismissal and enter judgment against Defendant pursuant to the terms of the stipulation. Amex seeks entry of judgment in the amount of $20,902.52. Amex also seeks to recover costs in the amount of $77.19 occurred in connection with the filing of this motion. Amex’s motion is unopposed, and the memorandum of costs has not been disputed.

ANALYSIS: 

I.                    LEGAL STANDARD 

C.C.P. § 664.6(a) provides:

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.

II.                 MERITS

Amex has sufficiently demonstrated that the parties stipulated to the entry of judgment against Defendant in this matter in the event Defendant ceased making settlement payments. (See Exh A ¶ 2.) Amex represents that Defendant made $ 13,950.00 in settlement payments but thereafter stopped paying the settlement. (Keith Decl. ¶¶ 9,10.) Despite notice to Defendant of his default, Defendant remains in arrears on the settlement. (Keith Decl. ¶ 11, Exh. C.) Amex states that the remaining balance for the stipulated settlement is $20,902.52. (Keith Decl. ¶ 12.)

Pursuant to the stipulation, judgment is to be entered in favor of Amex in the amount of $20,979.71, including $20,902.52 in principal and $77.19 in costs.

The court will sign Amex’s proposed Order and enter the proposed Judgment.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

American Express National Bank’s Motion to Vacate Dismissal and Enter Judgment came on regularly for hearing on August 9, 2024, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO THE TERMS OF THE STIPULATED JUDGMENT IS GRANTED.

AMERICAN EXPRESS NATIONAL BANK TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  August 9, 2024                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles