Judge: Gary I. Micon, Case: PC058268, Date: 2024-05-30 Tentative Ruling

Case Number: PC058268    Hearing Date: May 30, 2024    Dept: F43

Dept. F43

Date: 5-30-24

Case #PC058268, SoFi Consumer Loan Program Grantor vs. Derek Hennessy

Trial Date: N/A

MOTION TO ENFORCE SETTLEMENT

MOVING PARTY: Plaintiff SoFi Lending Corp.

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

For the Court to enforce the settlement between the parties and enter judgment.

RULING: Motion to enforce settlement is granted.

SUMMARY OF ACTION

Plaintiff SoFi Lending Corp. (Plaintiff) has filed a motion to enforce settlement pursuant to CCP § 664.6. Plaintiff filed this motion because Defendant Derek Hennessy (Defendant) has not complied with the terms of a written settlement stipulation made between the parties and approved by the Court on March 30, 2020.

Plaintiff alleges that Defendant defaulted on the agreement and there is now due and owing the amount of $25,912.41. The principal balance was $43,828.41, and Defendant has made $17,916.00 in payments. (Rohan Decl., Exs. A and B.)

The stipulation between the parties provides that “the parties further agree that the Court may dismiss Case No. PC058268 but retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the terms of this agreement.” (Rohan Decl., Ex. A, ¶ 17.)

ANALYSIS

CCP § 664.6 provides that “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.”

When considering a CCP § 664.6 motion, “the trial court must determine whether the parties entered into a valid and binding settlement of all or part of the case. In making this determination, trial judges, in the sound exercise of their discretion, may receive oral testimony or may determine the motion upon declarations alone.” (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994; Fiore v. Alvord (1985) 182 Cal.App.3d 561, 565.)

Plaintiff has made this motion pursuant to CCP § 664.6. The parties stipulated to the settlement of this case. The Court, by virtue of Plaintiff filing this motion, may enter judgment pursuant to the terms of the settlement agreement. Additionally, the agreement between the parties allowed the Court to retain jurisdiction over the parties in order to enforce the settlement.

Plaintiff provided a declaration with attached exhibits indicating that Defendant failed to comply with the terms of the settlement agreement. Therefore, it is appropriate for the Court to enforce the settlement and enter judgment pursuant to the terms of the settlement.

Plaintiff’s motion to enforce settlement is granted. Judgement is entered against Defendant in the amount of $25,912.41.

Moving party to give notice.