Judge: Mark A. Young, Case: 19SMCV01160, Date: 2023-11-16 Tentative Ruling

Case Number: 19SMCV01160    Hearing Date: November 16, 2023    Dept: M

CASE NAME:           American Express National Bank, v. Olmstead

CASE NO.:                19SMCV01160

MOTION:                  Motion to enter judgment pursuant to Code of Civil Procedure § 664.6

HEARING DATE:   11/16/2023

Legal Standard

If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.

(CCP, § 664.6(a).)

“Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37; Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1262.) In ruling on a motion under § 664.6, the trial judge may receive oral testimony, or may determine the motion upon declarations alone. (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994.) Where the agreement was reached at a court hearing, the court can resolve the dispute on the basis of its own notes or recollection of what was agreed to (as well as any transcripts of the proceedings). (Richardson v. Richardson (1986) 180 Cal.App.3d 91, 97.)

Analysis

Plaintiff demonstrates that the parties to this litigation stipulated, in a signed writing, for settlement of the case. On January 30, 2020, Plaintiff AENB and Defendant Olmstead entered into a "settlement agreement," regarding this action. The written agreement was signed by the parties. Pursuant to the agreement, the parties agreed that Defendant would make certain payments to Plaintiff. If Defendant failed to make the payments and did not cure their default after written notice, Plaintiff was entitled to a judgment for the outstanding balance owed on Defendant's account. The parties entered into a stipulation reflecting the agreement and submitting to this court’s jurisdiction per CCP § 664.6. (See 1/30/2020 Stipulation.) Defendant defaulted on the agreement by failing to make the required payments. (Dyle Delc., ¶ 7.) Plaintiff mailed a notice of the default to Defendant on August 4, 2021. (Id., Ex. B.) Defendant has not cured the default. (Id. ¶ 9.) Therefore, the Court may enter judgment pursuant to the terms of the settlement agreement.

Plaintiff provides a proposed judgment consistent with the agreement. The terms of the agreement provide that a judgment may be entered for the outstanding balance owed on the account plus costs. The outstanding amount is $26,385.50. (Dyle Decl., ¶ 10.) Plaintiff claims costs of $563.00. (Id.) Thus, the Court will sign the proposed judgment.

Accordingly, the motion is GRANTED.