Judge: Theodore R. Howard, Case: 20-1130656, Date: 2023-08-03 Tentative Ruling

The unopposed motion by Discover Bank for an Order to Vacate and Set Aside the Notice of Settlement of the Entire Case which was filed on 12/16/2021 is GRANTED.

On 12/16/21 a Notice of Settlement of Entire case was filed.  The Notice stated that the settlement was conditional but that the terms would be completed and case dismissed by 2/24/25.  The Court then ordered all proceedings suspended pursuant to California Rules of Court, rule 3.1385.  The Court also set an OSC re Dismissal of Settled case for 2/24/25 and assigned the case to the Omnibus Calendar.

Discover Bank states that defendant Helene Villareal has defaulted on the settlement agreement and seeks to vacate the Notice of Settlement and restore the case to the active trial calendar. (Rohan Decl. at ¶3)  CCP §128(a)(8) authorizes the Court to amend its orders so as to make them conform to law and justice.  The Court finds that vacating the Notice of Settlement and restoring the case to the active trial would conform to law and justice.  

Accordingly, the motion is GRANTED and the case is reassigned to the active trial calendar in  Dept. 18.

It is further ORDERED that the Order to Show Cause re Dismissal of Settled Case set for 2/24/25 is vacated.

It is further ORDERED that a Case Management Conference is set for September 1, 2023 at 9:00 a.m.

Counsel for Discover Bank is ordered to give notice of this ruling and of the CMC.