Judge: Michael T. Smyth, Case: 37-2021-00029958-CU-CL-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Other Collections Motion Hearing (Civil) 37-2021-00029958-CU-CL-CTL CAPITAL ONE BANK USA NA VS MOSS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/16/2023

Plaintiff Capital One Bank (USA), N.A.'s unopposed Motion to Vacate Dismissal and Enter Judgment is GRANTED.

Code of Civil Procedure §664.6(a) provides that, '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, . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.' After reviewing the papers, Plaintiff is entitled to have their motion granted. The dismissal (ROA 32) is vacated and judgment entered in favor Plaintiff against Defendant Judith K. Moss in the amount of $21,330.89. That amount is comprised of the principal amount of $25,853.89, plus court costs of $702.00 and less payments received from Defendant totaling $5,225.00.

The court will sign the proposed order and judgment.

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