Judge: Salvatore Sirna, Case: 20PSCV00698, Date: 2023-08-31 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 20PSCV00698    Hearing Date: August 31, 2023    Dept: G

Plaintiff American Express National Bank’s Motion for Order Vacating Dismissal and Entering Judgment Against Defendants

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff American Express National Bank’s Motion for Order Vacating Dismissal and Entering Judgment Against Defendants is GRANTED.

BACKGROUND

This is a collections action arising from a credit card agreement. Within the last four years, Defendants Nicholas A. Wiseman and Wise Choice Plumbing and Rooter Inc. (Wise Choice) held a credit card account with Plaintiff American Express National Bank (American Express). American Express alleges Defendants failed to pay and owed an outstanding balance of $75,973.38.

On October 19, 2020, American Express filed a complaint against Defendants and Does 1-20, alleging two causes of action for common counts. On September 17, 2021, parties stipulated to the dismissal of American Express’s action.

On June 9, 2023, American Express filed the present motion. A hearing on the motion is set for August 31.

ANALYSIS

American Express seeks to vacate the court’s dismissal of this action and have judgment entered against Defendants pursuant to parties’ stipulation. For the following reasons, the court GRANTS American Express’s motion.

Legal Standard

Code of Civil Procedure section 664.6 provides a summary procedure that enables courts to enforce a settlement agreement by entering a judgment pursuant to the terms of the parties’ settlement. In relevant part, it provides as follows:

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).)

A writing is considered signed if signed by the party or an attorney who represents the party. (Code Civ. Proc., § 664.6, subd. (b).)

Discussion

In this case, American Express provides a copy of a written settlement stipulation signed August 19, 2021 (Keith Decl., ¶ 5, Ex. A.) According to the agreement, Defendants agreed to pay American Express a total of $31,992 in monthly payments. (Keith Decl., ¶ 6, Ex. A.) If Defendants defaulted on the payments, the agreement states the entire amount of $75,973.38 becomes immediately payable as a court judgment. (Keith Decl., Ex. A.) American Express alleges Defendants only paid $5,000 in installment payments. (Keith Decl., ¶ 5.) Thus, the court finds American Express established the existence of a settlement agreement. Furthermore, the court is not in receipt of any opposition from Defendants.

Accordingly, American Express’s motion is GRANTED.

CONCLUSION

Based on the foregoing, the court GRANTS American Express’s motion to set aside dismissal and enforce settlement agreement.  The court enters judgment in favor of American Express and against Defendants in the amount of $71,052.22 ($75,973.38 - $5,000 (installment payments from Defendants) + $78.84 in costs).