Judge Lee W. Tsao, Case Number: VC066664, Date: 2023-05-25 Tentative Ruling

Judge: Lee W. Tsao, Case: VC066664, Date: 2023-05-25 Tentative Ruling

Case Number: VC066664 Hearing Date: May 25, 2023 Dept: C

NATIONAL COLLEGIATE STUDENT LOAN TRUST v. PROPHETER

CASE NO.: VC066664

HEARING: 05/25/23

TENTATIVE ORDER

Plaintiff NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-3’s unopposed Motion to Enforce Settlement and Enter Judgment against Defendant LOREE M. PROPHETER is GRANTED. CCP § 664.6.

Moving Party to give Notice.

No Opposition filed as of May 23, 2023.

Plaintiff and Defendants entered into a Conditional Stipulated Settlement filed on 04/06/18. Plaintiff has attached a copy of the written agreement between the parties. (See Boone Decl., Ex. 1.)

The Conditional Stipulated Settlement entered into by the parties’ states “It is agreed that DEFENDANT shall pay PLAINTIFF the $55,391.77 on the following terms: One Time Payment made via: Personal Check for $2000.00 on: 03/30/2018 THEN Monthly Payments made via: Personal Check for $150.00 beginning: 04/09/2018; THEN a Final Payment made via Personal Check for $39,291.77 on 2/9/2026.” (Boone Decl., Ex. 1., SA ¶5.) “If Defendant fails to make full and timely payment of any of the specified payments or otherwise fails to abide by the provisions in set forth in this Stipulated Settlement Agreement, enforcement of the full stipulated settlement amount will be enforced pursuant to CCP 664.6. In the event DEFENDANT fails to make any payment by its respective due date, and upon Declaration of PLAINTIFF… regarding said default, the Court shall set aside the dismissal without prejudice, resume jurisdiction over the matter, and enter a Judgment in favor of Plaintiff…..” (Id. at ¶8.)

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

A request for retention of jurisdiction to enforce a settlement agreement must conform to the same three requirements necessary for enforcement of the settlement itself: the request must be made: (1) during the pendency of the case; (2) by the parties themselves; and (3) either in a writing signed by the parties, or orally before the Court. (Wackeen v. Malis (2002) 97 Cal.App.4th 429, 440.)

Here, Defendant ceased making monthly payments towards the settlement as of March 9, 2022. (Declaration of Stephanie Boone, ¶ 9.) Therefore, Defendant is in breach of the written settlement agreement entered into by the parties. The Motion to Enforce the Settlement Agreement is GRANTED pursuant to CCP §664.6. The Dismissal without prejudice is set aside. Judgment shall be entered against Defendant LOREE M. PROPHETER in the amount of $46,341.77.