Judge: William A. Crowfoot, Case: 23AHCV00115, Date: 2024-01-24 Tentative Ruling

Case Number: 23AHCV00115    Hearing Date: January 24, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On January 18, 2023, plaintiff American Express National Bank (“Plaintiff”) filed this action against defendant Jenny Sen (“Defendant”) asserting a single cause of action for common counts. On June 6, 2023, the parties stipulated to a dismissal and requested the Court retain jurisdiction pursuant to Code of Civil Procedure section 664.6. In the stipulation, the parties agreed that Defendant’s failure to comply with the terms of the settlement agreement would result in a judgment against Defendant in the amount of $48,713.64 plus costs, with a credit for any payments made under the settlement agreement. (Stipulation, ¶ 5.) Defendant’s payment plan consisted of one payment of $3,713.64 on or before March 28, 2023, with consecutive monthly payments of $3,000 due on or before the 25th day of each and every month beginning April 2023 through and including June 2023, followed by consecutive payments of $9,000 each month, due on or before the 25th day of each and every month from July 2023 through October 2023. (Stipulation, ¶ 6.) Failure to have any payment delivered to a specific address within 5 days of the due date shall be considered a default. (Id., ¶ 9.) In the event of a default, Plaintiff may file a request to enter judgment after mailing written notice of the default to Defendant; Defendant will have 14 days from the date of mailing to cure the default. (Id., ¶ 12.)

On October 26, 2023, Plaintiff filed this motion to vacate the conditional dismissal and enter judgment pursuant to Code of Civil Procedure section 664.6.

“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’s counsel, Scott D. Dyle, declares that Plaintiff has failed to make payments consistent with the Agreement since June 26, 2023, and on October 3, 2023, his office sent a “cure letter” to Defendant. (Dyle Decl., ¶ 7.) He states that he has reviewed the records of Defendant’s account with his office and that Defendant has made payments totaling $12,713.64, therefore, Plaintiff requests a judgment of $36,000 with $563 in costs, which include the initial filing fee, service costs, and $60 filing fee for this motion. 

In light of counsel’s declaration and the terms of the settlement agreement, the unopposed motion to enter judgment is GRANTED.

Moving party to give notice.

Dated this 24th day of January 2024

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.