Judge: Melvin D. Sandvig, Case: PC057046, Date: 2025-02-11 Tentative Ruling

Case Number: PC057046    Hearing Date: February 11, 2025    Dept: F47

Dept. F47

Date: 2/11/25

Case #PC057046

MOTION TO SET ASIDE DISMISSAL & ENTER JUDGMENT

Motion filed on 6/21/24.

MOVING PARTY: Plaintiff National Collegiate Student Loan Trust 2007-3

RESPONDING PARTY: Defendant Christina Sanchez

RELIEF REQUESTED: An order setting aside and vacating the dismissal of this action and entering judgment against Defendant Christina Sanchez pursuant to the settlement agreement.

RULING: The motion is granted.      

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a debt Plaintiff National Collegiate Student Loan Trust 2007-3 (Plaintiff) was owed by Defendant Christina Sanchez (Defendant) in the amount of $47,046.55.  On 5/9/16 Plaintiff filed this action against Defendant for Breach of Contract.

On 6/12/17, the parties entered a Conditional Stipulated Settlement Agreement (Agreement) which was filed with the Court on 6/15/17.  On 6/20/23, the Court dismissed the action without prejudice and retained jurisdiction under CCP 664.6. 

Defendant has defaulted under the terms of the Agreement by not making any payments since 9/30/23.  (See Aguirre Decl. ¶9).  Defendant has paid a total of $8,064.46 toward the settlement amount.  (Id. ¶¶9-10). On 5/21/24, Plaintiff sent notice to Defendant’s counsel regarding the default.  (Id. ¶3, Ex.1).  Plaintiff has not received any response to the notice.  (Id. ¶9). 

On 6/21/24, Plaintiff filed and served the instant motion seeking an order setting aside and vacating the dismissal of this action and entering judgment against Defendant Christina Sanchez pursuant to the Agreement.  No opposition or other response to the motion has been filed. 

ANALYSIS

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 the parties to the settlement agreement or their counsel stipulate in writing or orally before the court, the court may dismiss the case as to the settling parties without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”

Pursuant to the terms of the Conditional Stipulated Settlement entered between Plaintiff and Defendant, Defendant’s default under the settlement and failure to cure after being given notice of same, Plaintiff is entitled to have the dismissal set aside and judgment entered against Defendant in the amount of $38,982.09 based on the principal amount owed by Defendant in the amount of $47,046.65 less credits of $8,064.46 for payments made by Defendant toward the settlement amount. 

CONCLUSION

The motion is granted.