Judge: Melvin D. Sandvig, Case: 21CHCV00250, Date: 2023-09-13 Tentative Ruling

Case Number: 21CHCV00250    Hearing Date: September 13, 2023    Dept: F47

Dept. F47

Date: 9/13/23

Case #21CHCV00250

MOTION TO VACATE DISMISSAL & ENTER JUDGMENT

Motion filed on 5/17/23.

MOVING PARTY: Plaintiff American Express National Bank fka American Express Centurion Bank

RESPONDING PARTY: Defendant Oscar Reyes aka Oscar G Reyes

NOTICE: ok

RELIEF REQUESTED: An order vacating the dismissal in this action and entering judgment against Defendant Oscar Reyes aka Oscar G Reyes.

RULING: The unopposed motion is granted.

*** The attorney for Plaintiff American Express National Bank fka American Express Centurion Bank intends to submit on the moving papers without appearing pursuant to CRC 3.1304(c), if not opposition is filed.

On 3/30/21, Plaintiff American Express National Bank fka American Express Centurion Bank (Plaintiff) filed this action against Defendant Oscar Ryes aka Oscar G Reyes (Defendant) for breach of contract, common counts and quantum meruit seeking damages in the amount of $49,090.83.

On or about 7/24/21, Plaintiff and Defendant entered a Stipulation for Conditional Entry of Judgment (Stipulation) whereby Defendant agreed to pay Plaintiff $49,880.98, inclusive of court costs, in monthly payments.  (Keith Decl., Ex.A).  On 12/22/21, the Court dismissed this action pursuant to CCP 664.6 as agreed to by the parties.  (Id., Ex.A ¶4, Ex.B).  Defendant has defaulted under the terms of the Stipulation and has only paid $10,751.00 leaving a balance of $38,339.83.  (Keith Decl. ¶¶8-10, 12).  A notice of default was sent to Defendant pursuant to the terms of the Stipulation.  (Keith Decl., Ex.C).

Based on the foregoing and pursuant to the Stipulation, on 5/17/23, Plaintiff filed and served the instant motion seeking an order vacating the dismissal in this action and entering judgment against Defendant Oscar Reyes aka Oscar G Reyes.  The motion was served on Defendant at the address listed on the Stipulation for Defendant.  (See Keith Decl., Ex.A, p.1:8-10).  Defendant has not filed an opposition or any other response to the motion. 

CCP 664.6(a) provides:

“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.”

Plaintiff seeks entry of judgment in its favor and against Defendant in the amount of $38,339.83 plus costs of suit in the amount of $78.84 (as set forth in Plaintiff’s Memorandum of Costs) for a total of $38,418.67.

Based on the terms of the Stipulation, CCP 664.6(a) and Defendant’s default under the Stipulation, the Court finds that Plaintiff is entitled to have judgment entered as requested.