Judge: Salvatore Sirna, Case: KC069824, Date: 2022-11-14 Tentative Ruling

Case Number: KC069824    Hearing Date: November 14, 2022    Dept: A

Plaintiff National Collegiate Student Loan Trust 2006-3’s MOTION TO VACATE DISMISSAL PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 664.6 AND ENTER JUDGMENT PURSUANT TO CONDITIONAL STIPULATED SETTLEMENT

Respondent: NO OPPOSITION (as of 10/25)

TENTATIVE RULING

Plaintiff National Collegiate Student Loan Trust 2006-3’s motion to vacate dismissal pursuant to California Code of Civil Procedure, section 664.6 and enter judgment pursuant to conditional stipulated settlement is GRANTED. Judgment is entered against Defendant Adaiah M. Negron in the amount of $19,771.59.  Plaintiff is ordered to give notice.

BACKGROUND

In this collections action, Defendant Adaiah M. Negron owed Plaintiff National Collegiate Student Loan Trust 2006-3 debt in the amount of $28,969.09. Plaintiff filed a complaint against Defendant for breach of contract on November 27, 2017, and on February 27, 2018, both parties entered into a conditional stipulated settlement agreement (Settlement Agreement). On March 16, 2018, the court dismissed this case without prejudice while retaining jurisdiction pursuant to Code of Civil Procedure, section 664.6.

Under to the Settlement Agreement, Defendant agreed to make monthly payments of $394.14 from July 27, 2018, until paid. If Defendant made timely payments, Defendant would be entitled to a discount of $3,969.09 on or after December 27, 2022. (Boone Decl., Ex. 1.) Furthermore, if Defendant failed to make a payment by its respective due date, the Settlement Agreement required the court to set aside the dismissal, resume jurisdiction, and enter a judgment against Defendant in the amount of $29,471.59 minus credits for payments already made. (Boone Decl., Ex. 1.)

On November 27, 2021, Defendant stopped making payments and has not made payments since. (Boone Decl., ¶ 9.) On September 30, 2022, Plaintiff filed the present motion.

ANALYSIS

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 of Civ. Proc., § 664.6, subd. (a).)

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

The court finds the Settlement Agreement to be valid and enforceable under Code of Civil Procedure section 664.6 as it is signed by both parties and this court has retained jurisdiction. Plaintiff provides evidence that Defendant has stopped making monthly payments on November 27, 2021, and has only paid $9,700 to date. (Boone Decl., ¶ 9-10.) Plaintiff requests a judgment of $19,771.59 pursuant to the terms of the Settlement Agreement. (Boone Decl., ¶ 11.)

Since the valid and signed Settlement Agreement was breached and the court retains jurisdiction to enter judgment upon breach, Plaintiff’s motion to set aside dismissal and enter judgment in the amount of $19,771.59 is GRANTED.

Plaintiff is ordered to give notice.