Judge: Gregory Keosian, Case: BC481369, Date: 2022-08-24 Tentative Ruling

Case Number: BC481369    Hearing Date: August 24, 2022    Dept: 61

Plaintiff National Collegiate Master Student Loan Trust’s Motion to Enforce Settlement is GRANTED.

Plaintiff to provide notice.

I.       MOTION TO ENFORCE SETTLEMENT

Code Civ. Proc. section 664.6 states 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.

“Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit. [Citation.] It is for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement. [Citation.] In making that determination, ‘the trial court acts as the trier of fact, determining whether the parties entered into a valid and binding settlement. [Citation.] Trial judges may consider oral testimony or may determine the motion upon declarations alone. [Citation.] When the same judge hears the settlement and the motion to enter judgment on the settlement, he or she may consult his [or her] memory. [Citation.]’ [Citation.]” (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1359–1360.)

Plaintiff moves to vacate the dismissal without prejudice on January 4, 2013, and enter judgment against Defendant David Robinson, pursuant to the stipulation of the parties that allowed the dismissal. That stipulation provided for Defendant’s payment by installment of $71.41 per month, until the total sum of $8,569.64 is paid. The settlement provides that in the event of default, the court shall set aside the dismissal and enter judgment in the amount of $24,113.92, plus 4.9% annual interest, $640 in costs, $1,000 in attorney fees, and a credit for any payments made. (12/27/2012 Conditional Settlement.) Plaintiff here contends that Defendant defaulted on the settlement on August 10, 2018, and stopped making payments. (Byron Decl. ¶ 9.) Plaintiff had paid before defaulting $4,897.38, leading to a total judgment in the amount of $19,856.54. (Byron Decl. ¶¶ 10–11.) The stipulation, signed by both parties, provides for enforcement under Code of Civil Procedure § 664.6 and the court’s retention of jurisdiction pursuant to same.

Plaintiff has demonstrated the existence of a valid and binding settlement agreement, default on same, and entitlement to an order vacating the dismissal and entering judgment. Defendant has filed no opposition to the motion.

The motion is GRANTED.