Judge: William A. Crowfoot, Case: 21GDCV00230, Date: 2024-08-16 Tentative Ruling


Case Number: 21GDCV00230    Hearing Date: August 16, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

AMERICAN EXPRESS NATIONAL BANK,

                    Plaintiff(s),

          vs.

 

FARLINDA R. KWANIN, aka KANUNG KWANIN, aka KANUNG K VIRIYAPUNT,

 

                    Defendant(s).

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      CASE NO.: 21GDCV00230

 

[TENTATIVE] ORDER RE: MOTION FOR ORDER VACATING DISMISSAL AND ENTERING JUDGMENT PURSUANT TO C.C.P. § 664.6

 

Dept. 3

8:30 a.m.

August 16, 2024

 

Plaintiff American Express National Bank (“Plaintiff”) filed this action against defendant Farlinda R. Kwanin aka Kanung Kwanin aka Kanung K. Viriyapunt (“Defendant”) on February 18, 2021. On November 15, 2021, the action was dismissed based on a stipulation between the parties. On June 5, 2024, Plaintiff filed this motion for an order vacating the dismissal and entering a stipulated judgment in its favor and against Defendant in the amount of $19.457.19.

“If parties to pending litigation stipulate, in a writing signed by the parties outside 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.) In hearing a section 664.6 motion, the trial court may receive evidence, determine disputed facts, and enter terms of a settlement agreement as a judgment. (Bowers v. Raymond J. Lucia Companies, Inc. (2012) 206 Cal.App.4th 724, 732.)

The stipulation on file sets forth a monthly payment plan. Defendant’s failure to make payments on time will result in Defendant being placed in default under the stipulation. If Defendant fails to cure the default, Plaintiff may obtain a judgment for the entire balance owed by Defendant in the amount of $34,900, plus court costs, less any payments made to date. (11/15/2021 Stip., ¶ 2.)

Plaintiff argues that it is entitled to a judgment of $19,457.19. Defendant stopped making payments as required under the stipulation and $19,380 of the principal remains unpaid. (Keith Decl., ¶¶ 8-10, 12.) A memorandum of costs shows that Plaintiff has also incurred $77.19 in costs. The motion is unopposed and it is undisputed that Defendant is in default of the parties’ stipulation. Accordingly, Plaintiff’s motion is GRANTED and the Court vacates the dismissal and enters judgment against Defendant in the amount of $19,457.19.  

Moving party to give notice.

Dated this 16th day of August 2024

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.