Judge: Lisa K. Sepe-Wiesenfeld, Case: 20SMCV01493, Date: 2024-01-02 Tentative Ruling

Case Number: 20SMCV01493    Hearing Date: January 2, 2024    Dept: N

TENTATIVE RULING

Plaintiff American Express National Bank’s Motion to Vacate the Conditional Dismissal and for Entry of Judgment Purusant [sic] to Code of Civil Procedure section 664.6 is GRANTED. Judgment is entered against Defendant Randall Emmett in the amount of $250,401.24 plus costs of $563.00 for a total award of $250,964.24. The Court will sign the order provided.

Plaintiff American Express National Bank to give notice.

REASONING

Plaintiff American Express National Bank (“Plaintiff”) moves the Court for an order vacating the dismissal of this action and entering judgment against Defendant Randall Emmett (“Defendant”) in the amount of $250,964.24, which includes the remaining principal of $250,401.24 plus $563.00 in costs.

“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 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., § 664.6.)

On February 26, 2021, the parties entered into a stipulation for conditional entry of judgment in favor of Plaintiff in the amount of $630,401.24, pursuant to which Defendant would make monthly payments in the amount of $10,000.00 from March 2021 through and including January 2024, with one final payment of $10,401.24 due on February 1, 2024. (Mot., Dyle Decl. ¶¶ 3-4, Ex. A.) On March 1, 2021, the Court entered an order to dismiss the action; however, the stipulation included a provision for the Court to retain jurisdiction over the matter until the settlement was fully performed, pursuant to Code of Civil Procedure section 664.6. (Mot., Dyle Decl. ¶ 4, Ex. A, at p. 5.) The stipulation provided that failure to make any payment would result in Defendant’s default, and if Defendant did not timely cure the default after receiving notice of the same, Plaintiff may obtain a judgment for the entire balance owed by Defendant in the amount of $360,401.24, plus court costs, less any payments made to date. (Mot., Dyle Decl. ¶¶ 4, 6, Ex. A, at ¶¶ 5, 9.) On March 8, 2022, Plaintiff informed Defendant of his default with a chance to cure based on Defendant’s failure to make a payment on the account since January 3, 2022. (Mot., Dyle Decl. ¶¶ 7-8, Ex. B.) To date, the default has not been cured. (Mot., Dyle Decl. ¶ 9.) Defendant made payments in the amount of $110,000.00 toward the settlement amount agreed; $250,401.24 remains due and owing on the original principal, less the payments made, and Plaintiff incurred costs of $563.00. (Mot., Dyle Decl. ¶ 10.)

Defendant does not oppose the present motion and appears to have proper notice of the hearing on the motion. Accordingly, Plaintiff American Express National Bank’s Motion to Vacate the Conditional Dismissal and for Entry of Judgment Purusant [sic] to Code of Civil Procedure section 664.6 is GRANTED. Judgment is entered against Defendant Randall Emmett in the amount of $250,401.24 plus costs of $563.00 for a total award of $250,964.24. The Court will sign the order provided.