Judge: Thomas Falls, Case: 21PSCV00524, Date: 2023-02-28 Tentative Ruling

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Case Number: 21PSCV00524    Hearing Date: February 28, 2023    Dept: O

Hearing Date:                         Tuesday, February 28, 2023

Plaintiff Bank of America, N.A.’s MOTION FOR ENTRY OF JUDGMENT UNDER TERMS OF STIPULATED JUDGMENT

Responding Party: Unopposed as of 2/15 (due 2/14)

Tentative Ruling

Plaintiff Bank of America, N.A.’s MOTION FOR ENTRY OF JUDGMENT UNDER TERMS OF STIPULATED JUDGMENT is GRANTED.

Background

This is a collections case.

On June 24, 2021, Plaintiff filed suit against Defendant Chen.

On May 27, 2022, the parties filed a Notice of Settlement of Entire Case.

On February 1, 2023, Plaintiff filed the instant motion.[1]

Discussion[2]

Plaintiff seeks relief on the ground that Defendant has paid zero dollars under the settlement agreement, rendering him in default of the stipulated payment schedule. And in the event of default, the parties agreed that judgment would be entered in favor of Plaintiff against Defendant in the following amounts: principal in the amount of $49,931.44 and court costs in the sum of $522.00 for a total judgment in the amount of $50,453.44, less all payments made to Plaintiff by Defendant prior to the date of default plus any additional motion and/or fees required by the court.

Accordingly, the matter falls within the purview of Code of Civil Procedure, section 664.6 which allows that “the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) 

Therefore, absent a showing that the settlement agreement is invalid and considering that the parties’ agreement provided that the court may retain jurisdiction over the parties to enforce the settlement until full performance thereof, the court grants the motion.

Conclusion

Based on the foregoing, the motion is GRANTED and judgment is entered against Defendant Zhuo Chen.