Judge Lee W. Tsao, Case Number: VC062665, Date: 2024-04-16 Tentative Ruling

Judge: Lee W. Tsao, Case: VC062665, Date: 2024-04-16 Tentative Ruling

Case Number: VC062665 Hearing Date: April 16, 2024 Dept: C

National Collegiate Student Loan Trust, 2004 vs Socheata San

Case No.: VC062665

Hearing Date: April 16, 2024 @ 9:30 AM

Tentative Ruling

Plaintiff’s Motion to Vacate Dismissal is GRANTED. Judgment is ordered in the amount of $48,144.59 pursuant to the Conditional Stipulated Settlement Agreement.

Plaintiff to give notice.

The motion is unopposed as of April 15, 2024.

Background

This action arises out of a debt allegedly owed by Defendant Socheata San ("Defendant") to Plaintiff National Collegiate Student Loan Trust 2004-1 (“Plaintiff”) in the amount of $56,861.09.

On November 4, 2014, the parties entered into a Conditional Stipulated Settlement Agreement (“Agreement”). Defendant Socheata San signed the Agreement on September 24, 2014. Plaintiff National Collegiate Student Loan Trust 2004-1 signed the Agreement on November 04, 2014, The Agreement was filed with this Court on December 26, 2014.

On December 26, 2014, the Court entered a dismissal without prejudice and retained jurisdiction pursuant to California Code of Civil Procedure § 664.6.

Defendant made payments towards the balance due, totaling $9,454.00. The last payment Defendant made was on May 15, 2018. (Boone Decl., ¶ 10.) Plaintiff now moves to set aside and vacate the dismissal and enter judgment pursuant to the Conditional Stipulated Settlement Agreement.

Legal Standard

The California Code of Civil Procedure states, in pertinent part, that, “If parties to pending litigation stipulate…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.” (CCP § 664.6.)

Discussion

Here, the Court finds that a conditional settlement agreement was reached, and Defendant defaulted on the terms of the agreement. In the agreement, the Court retained jurisdiction over the parties to enforce the settlement. Therefore, the Court may grant judgment in the full amount claimed in the complaint, less any amounts already paid under the agreement.

Accordingly, the motion to vacate dismissal is GRANTED. Judgment is ordered against Defendant in the amount of $48,144.59, consisting of the pre-judgment amount of $56,861.09 plus court costs of $737.50, minus the $9,454.000 already paid by Defendant.