Judge: H. Jay Ford, III, Case: 19SMCV00357, Date: 2024-02-06 Tentative Ruling

Case Number: 19SMCV00357    Hearing Date: February 6, 2024    Dept: O

  Case Name:  Capital One v. Williamson

SUBJECT:                 MOTION TO SET ASIDE AND VACATE PRIOR ORDER OF DISMISSAL AND ENTRY OF JUDGMENT – CCP § 664.6

MOVING PARTY:   Plaintiff Capital One, N.A.

RESP. PARTY:         None

TENTATIVE RULING

            Plaintiff Capital One, N.A.’s Motion to Set Aside  and Vacate Prior Order or Dismissal and for Entry of Judgment pursuant to CCP § 664.6 is GRANTED.  Judgment is entered against Defendant Holly A. Williamson in the amount of $33,514.83.

            Defendant Holly A. Williamson (“Williamson”) and Plaintiff Capital One, N.A. (“Capital One”) entered into a stipulated agreement on 4-4-19 that judgement in the amount of $36,398.35 would not be entered against Williamson as long as Williamson paid $300 per month until judgment was paid in full. (Soo Decl., ¶ 3, Ex. 1) Williamson defaulted on the settlement agreement with the last payment of $300 received on 4-2-21. (Id., ¶ 6, Ex. 2.) Williamson paid a total of $3,401.36 towards the judgment balance as of 11-2-23. (Id., ¶ 7, Ex. 2.) Capital One requests $33,513.99 ($35,878.85 principal sum + $1,036.50 in court costs – $3,401.36 in payments made to date.) (Id., ¶ 7.)