Judge Randolph M. Hammock, Case Number: BC693418, Date: 2023-06-29 Tentative Ruling

Plaintiff National Collegiate Student Loan Trust brought this action against Defendant Robin T. Alexander to recover monies after Defendant’s default on an education loan. The parties reached a settlement, and this court ordered the Complaint dismissed without prejudice on August 20, 2018. The court retained jurisdiction to enforce the settlement.

Plaintiff now moves for an order to vacate dismissal and enforce the parties’ settlement agreement pursuant to CCP § 664.6. Defendant did not oppose the motion.

If the parties to pending litigation stipulate, in a writing signed by the parties outside 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.

A settlement agreement in which the parties agree that the Court will retain jurisdiction to enforce the settlement must be signed by the parties (not just their counsel) and filed with the Court before the action is dismissed. (MesaRHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917-918.)

“Strong public policy in favor of the settlement of civil cases gives the trial court, which approves the settlement, the power to enforce it.” (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1357.) Likewise, in “ruling on a motion to enforce settlement,” the Court “necessarily has the power to resolve factual disputes relating to the agreement.” (Ibid.) Of course, this also means that it is “for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement.” (Id. at 1360.)

Plaintiff filed a Stipulated Settlement on August 20, 2018, representing that the entire case had been settled. (See Boone Decl., Exh. 1.) This court ordered the Complaint dismissed without prejudice that date and retained jurisdiction to enforce the settlement. (See Minute Order 08/20/2018.)

The Settlement sets forth the material terms of the agreement and is signed by Plaintiff and Defendant. (See Boone Decl., Exh. 1.) Under the Settlement, the parties agreed to settle the action for the sum of $57,576.61 as full resolution of the lawsuit. (See Boone Decl., Exh. 1, ¶ 5.) The settlement contained a stipulated repayment schedule. (Id.)

Plaintiff represents that Defendant has defaulted under the terms of the Stipulation in that Defendant ceased making payments on February 20, 2023. (Boone Decl. ¶ 9.) Defendant has paid only $6,405.00 towards the $57,576.61 balance. (Id.)

As a result, Plaintiff moves this court to enter judgment against Defendant in accordance with the terms of the Stipulation in the total net amount of $51,674.11. The Proposed Judgment should reflect the original balance ($57,576.61) plus subsequent payments per the settlement agreement ($6,405.00) plus court costs of $502.50. (Boone Decl. ¶ 6; Exh. 1, ¶ 1.)

Here, the court finds that the Stipulation signed by all parties constitutes an enforceable settlement agreement, and that Defendant has defaulted under that agreement.

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept49@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.