Judge Lee W. Tsao, Case Number: 20NWCV00573, Date: 2024-02-28 Tentative Ruling

Judge: Lee W. Tsao, Case: 20NWCV00573, Date: 2024-02-28 Tentative Ruling

Case Number: 20NWCV00573 Hearing Date: February 28, 2024 Dept: C

American Express v. Vera, et al.

CASE NO.: 20NWCV00573

HEARING: 2/28/24 @ 9:30 AM

Plaintiff’s Motion to Vacate Dismissal and Enforce Settlement is GRANTED.

Moving Party to give NOTICE.

Plaintiff American Express National Bank (Plaintiff) moves for an order vacating dismissal and entering judgment pursuant to CCP § 664.6. The Motion is unopposed.

Background

Plaintiff filed a Complaint against Defendants Claudia Vera and Zeraty, LLC for Common Counts. The parties entered into a Settlement Agreement and signed a stipulation for the Court to retain jurisdiction to enforce the Settlement Agreement.

Legal Standard

“If parties to pending litigation stipulate, in 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.” (CCP § 664.6.)

Discussion

Dismissal is vacated and the Court enters judgment against Defendants in the amount of $26,610.37. The parties filed a signed stipulation for the Court to maintain jurisdiction pursuant to CCP § 664.6. The stipulation was granted on May 11, 2021. Defendants agreed to pay $28,400.00 in monthly payments of $1,577.78 from November 2020 to April 2022 with the last payment being $1,577.74. The stipulation provides that the parties agree that “Defendants are indebted to Plaintiff … in the amount of $35,514.05” and that the “Court can enter a judgment against Defendants in the amount of $35,514.05 plus costs” should Defendant fail to comply with the stipulation. (Dyle Decl., Ex. A, ¶¶ 4-5.)

Plaintiff moved on September 11, 2023 to vacate the dismissal on the grounds that Defendants have failed to pay since May 12, 2021. Defendants made payments totaling $9,466.68. Thus, Plaintiff requests that this Court enter Judgment in the amount of $26,610.37, which consists of the remaining balance of $26,047.37 and $563.00 in costs.

Accordingly, Plaintiff’s Motion to Vacate Dismissal and Enforce Settlement is GRANTED. Judgment shall be entered in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $26,610.37.