Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
24CV012253: JPMORGAN CHASE BANK N.A. vs KEENEY 07/29/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
Tentative Ruling
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24CV012253: JPMORGAN CHASE BANK N.A. vs KEENEY 07/29/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
Plaintiff JPMorgan Chase Bank, N.A.s (Plaintiff) Motion to Vacate Dismissal and Enter Judgment pursuant to Code of Civil Procedure section 664.6 is unopposed and is granted. Plaintiffs request for judicial notice is granted. The Courts inquiry in ruling on a motion for judgment pursuant to Code of Civil Procedure section 664.6 is generally limited to a determination of whether the parties entered into a valid and binding settlement, and the material terms thereof. (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 209, fn. 4; see also Hines v.
Lukes (2008) 167 Cal.App.4th 1174, 1182-1183.) Judgment may be entered under section 664.6 regardless of whether the parties are complying with the terms of the agreement. (Viejo Bancorp, 217 Cal.App.3d at 409, fn. 4.) By enacting section 664.6, the Legislature endorsed the nonstatutory speaking motion procedure; the trial court is no longer limited to summary judgment in enforcing settlements. (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994; Casa de Valley View Owners Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1189-1190; Richardson v.
Richardson (1986) 180 Cal.App.3d 91, 96; Fiore v. Alvord (1984) 182 Cal.App.3d 561, 565; City of Fresno v. Maroot (1987) 189 Cal.App.3d 755, 760-761.) Pursuant to section 664.6, [i]f parties to pending litigation stipulate in writing signed by the parties outside the presence of the court, for settlement of the case, 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 evaluating a motion brought under section 664.6, the trial court merely resolve[s] questions about the settlement. (Malouf Bros. v. Dixon (1991) 230 Cal.App.3d 280, 283-284.) [N]othing in section 664.6 authorizes a judge to create the material terms of a settlement, as opposed to deciding what the parties themselves have previously agreed upon. (J.B.B. Investment Partners, Ltd. V. Fair (2014)232 Cal.App.4th 974, 984.) Thus, section 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulate to that settlement.
Here, Plaintiffs moving papers are sufficient to show the terms of the settlement between Plaintiff and Defendant Kerry Keeney (Defendant). (See Def. RJN in Support of Mtn., Exh. A [Stipulation Agreement].) Under the terms of the settlement between Plaintiff and Defendant, the balance due and owing by Defendant was $6,796.93. (Id., at ¶¶ 1-2.) The settlement provided that it was subject to section 664.6. (Id. at ¶ 7.) Plaintiffs representative signed the stipulation on August 26, 2024, and Defendant signed the stipulation on September 6, 2024. (Id., at p. 6.) The stipulation was then filed with the Court on October 14, 2024. (Id. at p. 1) The terms of the stipulation required Defendant to make certain specified monthly payments. (Id., ¶ 4.) However, to date, Defendant has only paid $1,000.00, leaving a balance of $5,796.93. (Sherrill Decl., ¶¶
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV012253: JPMORGAN CHASE BANK N.A. vs KEENEY 07/29/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
5,6.) The stipulation further provides that if Defendant failed to make the monthly payments as agreed upon, then Plaintiff could seek the full remaining balance and would be entitled to enter judgment for the original judgment amount, less credit for any payments received. (Stipulation, ¶¶ 4, 9.)
Based on the foregoing and in light of no opposition being filed, the Court grants the motion. The dismissal entered on October 14, 2024, is vacated. Further, judgment shall be entered pursuant to Code of Civil Procedure section 664.6 as against Defendant. The judgment shall be in the amount of $5,796.93.
The Court will sign Plaintiffs Proposed Order and Judgment.