Judge: Mark C. Kim, Case: NC060657, Date: 2023-01-12 Tentative Ruling

Case Number: NC060657    Hearing Date: January 12, 2023    Dept: S27

1.     Background Facts

Plaintiff, National Collegiate Student Loan Trust 2006-3, a Delaware Statutory Trust filed this action against Defendants, Maria and Julieta Tengco to collect on a student loan debt owed and unpaid.  Plaintiff filed the action on 5/27/16.  On 9/14/16, the parties entered into a conditional stipulated settlement agreement.  On 9/27/16, the parties filed the agreement with the Court.  On the same day, the Court signed an order dismissing the case without prejudice and retaining jurisdiction to enforce the settlement agreement per CCP §664.6.    

2.     Motion to Vacate Dismissal and Enforce Settlement

a.     Relief Sought

On 9/14/22, Plaintiff filed this motion to vacate the dismissal and enforce the settlement.  Plaintiff moves to enforce the settlement pursuant to CCP §664.6. 

b.     Authority

§664.6 provides, “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.”

c.     Analysis

Plaintiff provides a copy of the parties’ settlement agreement, and provides evidence that Defendant ceased making required payments as of 12/16/21.  Plaintiff therefore seeks an order vacating the dismissal and entering judgment in the amount of $47,352.38, which is the amount due under the settlement agreement after credit for all payments made.  Plaintiff does not seek to add attorneys’ fees, costs, or prejudgment interest to the amount of the judgment. 

Any opposition to the motion was due on or before 12/29/22.  The motion is unopposed and granted.  Plaintiff has submitted a proposed judgment, which the Court will process. 

Plaintiff is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If the parties do not submit on the tentative, they should arrange to appear remotely.