Judge: Matthew C. Braner, Case: 37-2021-00001415-CL-CL-CTL, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 13, 2024

06/14/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  Rule 3.740 Collections Motion Hearing (Civil) 37-2021-00001415-CL-CL-CTL AMERICAN EXPRESS NATIONAL BANK VS BASH [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff American Express National Bank's unopposed motion to vacate the conditional dismissal and for entry of judgment against Defendant Maria Bash is GRANTED.

'Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement. . . . The court retains jurisdiction to enforce a settlement under the statute even after a dismissal, but only if the parties requested such a retention of jurisdiction before the dismissal. Such a request must be made either in a writing signed by the parties or orally before the court. . . . If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.' (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182; Code Civ. Proc., § 664.6, subd. (a).) Here, the parties settled this case by stipulation and asked the court to retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the agreement. (ROA #54, Dyle Dec., Ex. A, p. 5.) The court ordered the case dismissed without prejudice on July 25, 2022. (ROA #50.) Following dismissal, Defendant materially breached the agreement by failing to continue making monthly payments on her debt, and failing to cure the breach within 14 days of receiving a letter from Plaintiff's counsel regarding the breach. (ROA #54, Dyle Dec., ¶¶ 7-9.) The parties agreed and stipulated that after such breach and upon declaration of Plaintiff or Plaintiff's counsel regarding such default, the court would set aside the dismissal, resume jurisdiction over the matter, and enter a judgment in favor of Plaintiff and against Defendant in the amount of $15,485.93 plus costs, less credits for any payments received by Plaintiff under the agreement. (ROA #54, Dyle Dec., Ex. A, ¶¶ 5, 13.) Defendant paid $3,487.50 towards the settlement amount before defaulting, and Plaintiff has incurred costs of $498 to bring the motion. (ROA #54, Dyle Dec., ¶ 10.) Thus, Plaintiff's request for a $12,496.43 judgment is granted.

The parties entered into an enforceable settlement and stipulated for the court to retain jurisdiction to enforce it. Based on Defendant's default, the motion is granted, the July 25, 2022 dismissal is vacated, and judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $12,496.43.

The court will sign the proposed order and judgment submitted by Plaintiff.

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