Judge: Joel L. Lofton, Case: 22AHCV00833, Date: 2023-03-29 Tentative Ruling

Case Number: 22AHCV00833    Hearing Date: March 29, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     March 29, 2023                                   TRIAL DATE: No date set.

CASE:                         JPMORGAN CHASE BANK, N.A. v. MARY ANN PETERS

CASE NO.:                 22AHCV00833

MOTION TO SET ASIDE NOTICE OF SETTLEMENT AND ENTER JUDGMENT PURSUANT TO STIPULATION

MOVING PARTY:               Plaintiff JPMorgan Chase Bank, N.A.

RESPONDING PARTY:      No response filed

SERVICE:                              Filed January 12, 2023

RELIEF REQUESTED

            Plaintiff moves to set aside the notice of settlement and for an entry of judgment pursuant to the terms of the stipulation.

BACKGROUND

             This case arises from Plaintiff JPMorgan Chase Bank, N.A.’s (“Plaintiff”) claim that Defendant Mary Ann Peters owes an outstanding balance on her credit card. Plaintiff alleges damages totaling $25,744.41. Plaintiff filed this complaint October 14, 2022, alleging one cause of action for common counts.

TENTATIVE RULING

            Plaintiff’s motion to set aside notice of settlement is GRANTED.

            Judgment is ordered entered against Plaintiff pursuant to the Stipulation in the amount of $25,644.41.

DISCUSSION

             Plaintiff provides that the parties entered into a written stipulation for settlement (“Stipulation”). (Keim Decl. ¶ 2, Exhibit 1.)

            “(a) 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.” (Code Civ. Proc. section 664.6, subd. (a).)

            In the Stipulation, the parties requested that the court retain jurisdiction pursuant to Code of Civil Procedure section 664.6. (Exhibit 1 ¶ 7.) The agreement provided that the total judgment would be for $25,744.41. (Exhibit 1 ¶ 2.) The Stipulation also provides that in the event of default by Defendant, Plaintiff “shall apply to the court . . . to have judgment entered for the Judgment Amount less credit for payment(s) received by Plaintiff.” (Exhibit 1 ¶ 9.) Plaintiff provides that Defendant made a total payment of $100.00 before ceasing payments after November 21, 2022. (Keim Decl. ¶ 7.)

            Plaintiff provides that the remaining judgment amount is calculated to be $25,644.41, which should be entered against Defendant pursuant to the Stipulation. (Id. ¶ 8.)

CONCLUSION

            Plaintiff’s motion to set aside notice of settlement is GRANTED.

            Judgment is ordered entered against Plaintiff pursuant to the Stipulation in the amount of $25,644.41.

Dated:   March 29, 2023                                 ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org