Judge: John J. Kralik, Case: 19BBCV00516, Date: 2023-12-15 Tentative Ruling


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Case Number: 19BBCV00516    Hearing Date: December 15, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

bank of america, n.a.,

 

                        Plaintiff,

            v.

 

jean pierre nguyen,

 

                        Defendant.

 

Case No.:  19BBCV00516

 

Hearing Date:  December 15, 2023

 

 [TENTATIVE] order RE:

motion for order setting aside and vacating its prior order of dismissal and for entry of judgment pursuant to stipulation of the parties

 

 

BACKGROUND

A.    Allegations

Plaintiff Bank of America, N.A. (“Plaintiff”) filed this action on June 12, 2019, alleging a single cause of action for common counts against Defendant Jean Pierre Nguyen (“Defendant”).  Plaintiff alleges that within the last 4 years of filing the complaint, Defendant became indebted to FIA Card Services, N.A. (predecessor in interest to Plaintiff) on an open book account in the amount of $101,842.99. 

B.     Relevant Background

On June 1, 2021, the Final Status Conference and Non-Jury Trial came for hearing.  At the hearing, Plaintiff informed the Court that the parties had settled and signed a Stipulation and Order for Dismissal and Retention of Jurisdiction pursuant to CCP § 664.6 (“Stipulation”).  Pursuant to Plaintiff’s oral request, the complaint was dismissed without prejudice and the Court retained jurisdiction to make orders to enforce any and all terms of the settlement, including judgment, pursuant to CCP § 664.6.  That same day, the Court signed the Order of Dismissal Without Prejudice Pursuant to C.C.P. § 664.6. 

C.     Motion on Calendar

On October 10, 2023, Plaintiff filed a motion to vacate the dismissal and enter judgment pursuant to the stipulation of the parties.

The Court is not in receipt of an opposition brief.

DISCUSSION

            Plaintiff moves to set aside the dismissal and enter judgment against Defendant pursuant to CCP § 664.6 and the terms of the Stipulation. (Zarco Decl., Ex. 1 [Stipulation].) 

            The Stipulation provides in relevant part:

·         Defendant stipulates to the entry of judgment in favor of Defendant for the principal sum of $101,842.99 and $555.38 in court costs, for a total judgment amount of $102,398.37.  (¶¶1-2.)

·         Defendant agrees to pay Plaintiff a minimum of $2,125 by the 15th of each month commencing June 15, 2021 through May 15, 2025 and then a final payment of $398.37 by June 15, 2025 until Defendant has paid the judgment amount.  The consecutive monthly installments totaling $102,398.37, timely received, shall constitute full satisfaction of the judgment amount.  If Defendant timely makes 24 of 49 installment payments when due ($51,000), Defendant may deduct the remaining payments ($51,398.37) from the remaining balance then due.  If Defendant fails to make full and timely payment, then Defendant will not be entitled to any deduction and the full remaining balance will be due, Plaintiff shall be entitled to enter judgment for the judgment amount plus any motion/order fees less credit for payments made. (¶4.)

·         The parties request that the Court retain jurisdiction pursuant to CCP § 664.6.  In the event of a default, Plaintiff will provide notice to Defendant to cure the missed payment and if Defendant fails to cure the default, Plaintiff shall be entitled to request that the Court vacate the dismissal and enter judgment.  (¶7)

In support of the motion, Plaintiff’s counsel, Gloria Zarco, provides her declaration.  Counsel states that Defendant defaulted on the terms of the agreement by failing to make the payment as required under the terms.  (Zarco Decl., ¶6.)  Counsel states that the last payment made by Defendant was on December 24, 2022.  (Id., ¶6, Ex. 2 [Payment History].)  Plaintiff requests that the Court enter judgment in favor of Plaintiff and against Defendant in the principal sum of $101,842.99, plus $555.38 in court costs, $20 in order fee, $20.47 in e-filing fee, $60 for motion fee, less $40,375 for payments made to date.  (Id., ¶7.)  Total, Plaintiff seeks a judgment sum of $62,123.84.  (Id.)

Thus, the motion to set aside the dismissal and enter judgment based on the Stipulation is granted. 

CONCLUSION AND ORDER

Plaintiff Bank of America, N.A.’s motion to set aside the dismissal and enter judgment based on the Stipulation and Order for Dismissal and Retention of Jurisdiction pursuant to CCP § 664.6 is granted.  Judgment shall be entered in the amount of $62,123.84 against Defendant Jean Pierre Nguyen.

 Plaintiff shall give notice of this order. 

 

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DATED: December 15, 2023                                                 ___________________________

                                                                                          John Kralik

                                                                                          Judge of the Superior Court