Judge: William A. Crowfoot, Case: 22AHCV01303, Date: 2023-09-14 Tentative Ruling

Case Number: 22AHCV01303    Hearing Date: September 14, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On December 14, 2022, plaintiff JPMorgan Chase Bank, N.A. (“Plaintiff”) filed this action against defendant Katherine E. Neville (“Defendant”) for $32,598.07 owed on an open book account.  On April 11, 2023, the Court dismissed this action pursuant to Plaintiff’s request and retained jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the parties’ settlement agreement.  The agreement provides that Plaintiff will not request judgment to be entered if Defendant does not default on an agreed-upon monthly payment plan. 

Before the Court is Plaintiff’s motion to enter judgment against Defendant on the grounds that Defendant has defaulted on the payment plan.  “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.)

Defendant stopped making payments under the monthly payment plan after March 9, 2023.  After crediting Defendant’s payment of $3,057 against the principal balance of $32,598.07, Plaintiff requests the Court enter judgment in its favor and against Defendant in the amount of $29,541.07.  Plaintiff submits a copy of the executed stipulation and its request for judgment reflects the terms of the stipulation.  Accordingly, the unopposed motion is GRANTED.  

Dated this 14th day of September, 2023

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.