Judge: Frank M. Tavelman, Case: 20BBCV00710, Date: 2022-07-29 Tentative Ruling

Case Number: 20BBCV00710    Hearing Date: July 29, 2022    Dept: A

ALLEGATIONS:

Plaintiff American Express National Bank ("Plaintiff") filed suit against Defendants Armen Barseghyan, individually and d.b.a. AB System (“Defendant”) on October 19, 2020.

HISTORY:

The Court received the Motion to Vacate Dismissal and Enter Judgment filed by Plaintiff on May 18, 2022. The Court has not received any opposition or reply.

RELIEF REQUESTED:

Plaintiff moves for an order vacating the dismissal entered in the case and entering judgment against Defendant.

ANALYSIS:

I.          LEGAL STANDARD

CCP § 664.6 provides:

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.

II.        MERITS

Plaintiff asserts that Defendant has made payments in the amount of $18,850 toward the $48,000 settlement amount agreed upon in the parties’ stipulation, and thus breached the stipulation by failing to make payments on the remaining settlement amount. (Decl. McGurk, ¶¶ 5, 7.) Plaintiff asserts that the parties’ stipulation included a provision to have the Court retain jurisdiction pursuant to CCP § 664.6.

III.       CONCLUSION

On the above basis, the Court grants the instant motion and enters judgment for the full judgment amount of $81,875.93, plus court costs expended, and less the $18,850 in payments already made.

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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

Plaintiff American Express National Bank’s Motion to Vacate Dismissal and Enter Judgment came on regularly for hearing on July 29, 2022, 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 IS GRANTED.

IT IS SO ORDERED.

DATE:  July 29, 2022                                   _______________________________

                                                                        F.M. TAVELMAN, Judge

                                                                        Superior Court of California

County of Los Angeles