Judge Peter A. Hernandez, Case Number: 19PSCV01125, Date: 2024-04-30 Tentative Ruling

Judge: Peter A. Hernandez, Case: 19PSCV01125, Date: 2024-04-30 Tentative Ruling

Case Number: 19PSCV01125 Hearing Date: April 30, 2024 Dept: K

Plaintiff Student Loan Solutions, LLC’s Motion to Set Aside and Vacate Dismissal is GRANTED [see below].

Background

Plaintiff Student Loan Solutions, LLC, successor in interest to Bank of America, N.A. (“Plaintiff”) alleges as follows: Jemellee L. Corpuz Sein (“Sein”) and Julita Corpuz (“Corpuz”) (together, “Defendants”) failed to repay a loan.

On December 17, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-10 for:

1. Breach of Contract

2. Common Count

On February 13, 2020, Plaintiff filed a conditional “Notice of Settlement of Entire Case;” that day, Plaintiff dismissed the entire action of all parties “pursuant to CCP Section 664.6,” without prejudice.

On March 21, 2024, Plaintiff dismissed the complaint against Corpuz and Does 1-10, without prejudice.

Legal Standard

“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.” (Code Civ. Proc., § 664.6, subd. (a).)

“When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a

Court or judicial officer, all the means necessary to carry it into effect are also given; and in the

exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this

Code or the statute, any suitable process or mode of proceeding may be adopted which may

appear most conformable to the spirit of this Code.” (Code Civ. Proc., § 187).

Discussion

Plaintiff moves the court for an order to set aside and vacate the request for dismissal without prejudice entered February 13, 2020, pursuant to Code of Civil Procedure §§ 664.6 and 187, to allow Plaintiff to file its Judgment Pursuant to Stipulation.

On January 29, 2020, Plaintiff and Sein entered into an “Agreement for Compromise and Stipulation for Entry of Judgment in the Event of Default” (“Agreement”). (Booska Decl., ¶ 4, Exh. B.) The Agreement provides, in relevant part, as follows:

IT IS HEREBY stipulated by and between plaintiff STUDENT LOAN

SOLUTIONS, LLC, SUCCESSOR IN INTEREST TO BANK OF AMERICA,

N.A., and defendant(s), Jemellee L. Corpuz Sein, through their respective

counsels that this matter be settled pursuant to the following terms:

i. This action shall be conditionally dismissed and removed from the civil active

list.

ii. Defendant shall pay the balance of $36,464.40 principal; $512.70 in costs plus

10% interest from January 19, 2016. This balance is payable as follows:

a. $200 per month, commencing on February 1, 2020 and

b. Continuing on the first day of each month thereafter until the balance is paid in its entirety. Upon receipt of defendant’s first payment, a Notice of Settlement will be filed with the court and upon receipt of defendant’s final payment, plaintiff will file a dismissal with prejudice with the court.

iii. Defendants’ checks are to be made payable to the Steven A. Booska, Trustee,

and sent to Steven A. Booska, PO Box 2169, Oakland CA 94621

. . .

v. If any payment is not received within seven (7) days of the due date, then

plaintiff is entitled to recover the full amount of judgment of $36,464.40 principal; $512.70 in costs along with any costs associated with obtaining the judgment which includes vacating the conditional dismissal, less any payments made, upon submitting ex parte declaration to the court without further hearing or notice to defendant’s or its attorney or its representative.

vi. This settlement is binding as a judgment by stipulation pursuant to Code of

Civil Procedure § 664.6 and may be enforced by the Court pursuant to the terms

thereof. . .

(Id.)

On February 13, 2020, Booska’s office filed and served upon all parties a request for dismissal without prejudice “pursuant to CCP Section 664.6.” (Id., ¶ 2, Exh. A.) No payments were received for the months of November and December 2023. (Id., ¶ 6). On January 4, 2024 and March 5, 2024, Sein made two partial payments. (Id., ¶ 6, Exh. C.) Sein has paid $9,400.00 as of March 5, 2024. (Id., ¶ 7).

The motion is granted, to the extent that the court will set aside the dismissal entered February 13, 2020 against Sein and enter judgment in favor of Plaintiff, and against Sein, in the amount of $27,577.10, consistent with the terms of the “Agreement for Compromise and Stipulation for Entry of Judgment in the Event of Default” set forth in paragraph v.