Judge: Michael Shultz, Case: 19CMCV00079, Date: 2022-08-09 Tentative Ruling

INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:

1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.

2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and

3. Serve notice of the Court's ruling on all parties entitled to receive service.

If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

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Case Number: 19CMCV00079    Hearing Date: August 9, 2022    Dept: A

19CMCV00079 National Collegiate Student Loan Trust 2007-3 v. Morgan Watts

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION TO SET ASIDE CCP § 664.6 DISMISSAL AND ENTER JUDGMENT AGAINST DEFENDANT

The complaint alleges one cause of action for breach of an educational loan agreement. The parties settled this matter pursuant to a written agreement filed on November 1, 2019, and ordered by the Hon. Gary Y. Tanaka. Motion, Declaration of Stephanie Boone, Ex. 1. Plaintiff filed this motion on May 27, 2022, and timely served Defendant on the same date. The record does not reflect that Defendant filed an opposition.

Plaintiff seeks to an order entering judgment for the principal amount of $42,089.68 pursuant to the parties’ settlement agreement. The court initially heard this matter on July 13, 2022 but continued the hearing for Plaintiff to submit a supplemental declaration in support of the judgment to be entered after allowing credit for payments made by Defendant. Plaintiff previously established the existence of a settlement agreement and evidence showing that the court retained jurisdiction to enforce after dismissal of the case as required by Code of Civil Procedure section 664.6. Therefore, the court need not vacate the dismissal.

            Plaintiff filed a supplemental declaration on August 2, 2022, with a claims summary for Defendant’s account demonstrating that Defendant made payments totaling $2,200. Plaintiff seeks costs of $502.50 ($435 for the filing fee and $67.50 for process serve fees). Accordingly, Plaintiff’s Motion to Enforce Settlement Pursuant to the Parties’ Agreement is GRANTED. The court will enter judgment as requested: