Judge: Melvin D. Sandvig, Case: PC056808, Date: 2023-01-31 Tentative Ruling
Case Number: PC056808 Hearing Date: January 31, 2023 Dept: F47
Dept. F47
Date: 1/31/23
Case #PC056808 (consolidated with PC057247)
MOTION TO SET
ASIDE DISMISSAL & ENTER JUDGMENT
Motion filed on 10/26/22.
MOVING PARTY: Plaintiff National
Collegiate Student Loan Trust 2005-3, a Delaware Statutory Trust
RESPONDING PARTY: Defendants Kelvin Anderson and Lindsey
Anderson
NOTICE: ok
RULING: The unopposed motion is granted.
These consolidated actions (PC056808 and PC057247) arise
out of a debt owed by Defendants Kelvin Anderson and Lindsey Anderson (Defendants)
to Plaintiff National Collegiate Student Loan Trust 2005-3, a Delaware
Statutory Trust (Plaintiff). In or
around June and July of 2017, the Plaintiff
and Defendants entered into a Consolidated Conditional Stipulated Settlement
Agreement (the Agreement) whereby Defendants agreed to pay $14,000.00 to settle
PC056808 and $7,000.00 to settle PC057247 for a total of $21,000.00, plus costs.
Defendants signed the Agreement 6/8/17. Plaintiff signed the Agreement on 7/7/17. The Agreement was filed on 7/14/17. On 7/14/17, this Court signed the Order
Dismissing this Case Without Prejudice and Retaining Jurisdiction Pursuant to
CCP 664.6.
Defendants made payments towards the balance due,
totaling $66.00 for Case No. PC056808 and $34.00 for Case No. PC057247. The last payment Defendants made was on
7/5/17. Defendants have defaulted on the terms of the Agreement
by failing to make any payments since 7/5/17.
(See Boone Decl.). On
10/4/22, Defendants were served with Notice of the Default. (See Notice of Default and Proof of
Service filed on 10/5/22). Defendants
failed to cure the default. Therefore,
on 10/26/22, Plaintiff filed and served the instant motion seeking an order
setting aside and vacating the CCP 664.6 Dismissals without prejudice and
entering Judgment pursuant to the terms of the Consolidated Conditional
Stipulated Settlement Agreement against Defendants Kelvin Anderson and Lindsey
Anderson.
CCP 664.6 provides in relevant part:
(a) 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.
Based on the unrefuted evidence presented in support of
this motion and CCP 664.6, the instant motion is granted and the Court will
sign the proposed Judgment submitted on 10/26/22.