Judge: Stephen I. Goorvitch, Case: 19STCV40636, Date: 2024-03-28 Tentative Ruling

Case Number: 19STCV40636    Hearing Date: March 28, 2024    Dept: 39

American Express National Bank v. Nicholas Kim, et al.

Case No. 19STCV40636

Motion to Vacate Conditional Dismissal and Enter Judgment

            The Court posts this tentative order on Monday, March 25, 2024, and provides the following notice: Plaintiff’s counsel filed this motion on November 16, 2023, and Defendant did not file an opposition.  Therefore, unless Defendant appears on the morning of the hearing, either remotely or in-person, to oppose the motion or request a continuance, the Court shall take the hearing off-calendar and shall adopt the following tentative order without a hearing.

            Plaintiff moves to vacate the conditional dismiss and enter judgment.  Plaintiff filed this collections action on or about November 12, 2019.  (See Declaration of Scott D. Dyle, ¶ 2.)  The parties entered into a settlement agreement on or about October 13, 2020.  (See Declaration of Scott D. Dyle, ¶ 3.)  Per the agreement, Defendants agreed to pay Plaintiff the sum of $63,198.72 plus costs.  (See Declaration of Scott D. Dyle, Exh. A, ¶¶ 4.)  Per the agreement, Defendants agreed that if they fail to do so, “the Court can enter a judgment against Defendants in the amount of $63,198.72 plus costs.”  (See Declaration of Scott D. Dyle, Exh. A, ¶ 5.)  The parties stipulated that the Court may retain jurisdiction to enforce the agreement under Code of Civil Procedure section 664.6.  (See Declaration of Scott D. Dyle, Exh. A, ¶¶ 13, 18.)  Defendants have not made any payments pursuant this settlement agreement.  (See Declaration of Scott D. Dyle, ¶ 10.)

            Based upon the foregoing, the Court orders as follows:

            1.         Plaintiff’s motion is granted.

            2.         The Court sets aside the conditional dismissal and enters judgment in the amount of $63,198.72 in damages plus $563 in costs for a total of $63,761.72. 

            3.         The Court shall sign the proposed judgment, which was lodged with the motion.

            4.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.