Judge: William A. Crowfoot, Case: 22AHCV00075, Date: 2023-08-10 Tentative Ruling


Case Number: 22AHCV00075    Hearing Date: August 10, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

AMERICAN EXPRESS NATIONAL BANK, et al.,

                   Plaintiff(s),

          vs.

 

QIXIAN LIN,

 

                   Defendant(s).

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     CASE NO.:  22AHCV00075

 

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL

 

Dept. 3

8:30 a.m.

August 10, 2023

 

On February 15, 2022, plaintiff American Express National Bank fka American Express Centurion Bank and American Express National Bank, successor by merger to American Expres Bank, FSB (“Plaintiff”) filed this action against defendant Qixian Lin aka Sophia Qixian Lin for breach of contract, common counts, and quantum meruit.  On or about April 20, 2022, the parties entered into a stipulation for conditional entry of judgment.  (Motion, Ex. A.)  Defendant agreed to pay Plaintiff $27,461.16 in monthly payments in exchange for a dismissal, with the Court to retain jurisdiction under CCP 664.6. (Motion, Ex. B.)  Plaintiff’s counsel declares that Defendant has made payments in the amount of $3,014 but stopped making payments.  (Keith Decl., ¶¶ 9-10.)  A notice of default was sent to Defendant on December 6, 2022.  (Keith Decl., Ex. C.)  There remains an outstanding balance of $23,860.61 due to Plaintiff and Plaintiff requests that the Court enter judgment in the amount of $23,939.45, consisting of this outstanding balance plus $78.84 for the costs for bringing this motion. 

“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.) 

Plaintiff submits a copy of the signed stipulation, the order entering the stipulation for conditional entry of judgment and dismissal, and the notice of default showing that Defendant had notice that she was in breach of the stipulation.  Accordingly, Plaintiff’s unopposed motion is GRANTED and the Court will sign the proposed judgment submitted on June 8, 2023.

Moving party to give notice.

 

 

Dated this 10th day of August, 2023

 

 

 

 

       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.