Judge: Salvatore Sirna, Case: KC070360, Date: 2022-11-21 Tentative Ruling
Case Number: KC070360 Hearing Date: November 21, 2022 Dept: A
Plaintiff National Collegiate Student Loan Trust
2007-3’s Motion to Set Aside Dismissal Pursuant to Code of Civil Procedure,
Section 664.6 and To Enter Judgment Pursuant to Conditional Stipulated
Settlement Agreement
Respondent: NO OPPOSITION
TENTATIVE RULING
Plaintiff National Collegiate Student Loan Trust
2007-3’s Motion to Set Aside Dismissal Pursuant to Code of Civil Procedure,
Section 664.6 and To Enter Judgment Pursuant to Conditional Stipulated
Settlement Agreement is GRANTED. Judgment is entered against Defendants
Victoria M. Velasquez and Richard S. Velasquez in the amount of $93,475.59.
Plaintiff ordered to give notice.
BACKGROUND
This
is a collections action. Defendants Victoria M. Velasquez and Richard S.
Velasquez owe Plaintiff National Collegiate Student Loan Trust 2007-3 debt in
five cases that were consolidated into the present action. Plaintiff filed a
complaint against Defendants for breach of contract on June 6, 2018, and on November
4, 2019, the parties entered into a conditional stipulated settlement agreement
(Settlement Agreement). On October 1, 2020, the court dismissed this case
without prejudice while retaining jurisdiction pursuant to Code of Civil
Procedure, section 664.6.
Under the Settlement Agreement, Defendants owed $93,015.59 and courts costs of $2,660. Defendants agreed to make monthly payments according to schedules in the Settlement Agreement until paid off. If Defendants 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 Defendants in the amount owed minus credits for payments made.
On May 19, 2022, after making payments totaling $2,200, Defendants ceased making any further payments. (Boone Decl., ¶ 9.) On October 18, Plaintiff filed the instant motion and a hearing is set for November 21.
DISCUSSION
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).)
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 Defendants have stopped making monthly payments on May 19, 2022, and has only paid $2,200 to date. (Boone Decl., ¶ 9-10.) Plaintiff requests a judgment of $93,475.59 pursuant to the terms of the Settlement Agreement. (Boone Decl., ¶ 11.)
Accordingly, Plaintiff’s motion to set aside dismissal and enter judgment in the amount of $93,475.59 is GRANTED.
CONCLUSION