Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
25CV020355: BANK OF AMERICA N.A. vs PEREZ 07/29/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
Tentative Ruling
NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure: To request limited oral argument, on any matter on this calendar, you must call the Department 8C Oral Argument Request Line at (916) 874-8380 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below.
If no request for oral argument is made, the tentative ruling becomes the final order of the Court. Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
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25CV020355: BANK OF AMERICA N.A. vs PEREZ 07/29/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
Plaintiff Bank of America, 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 Elise Perez (Defendant). (See Def. RJN in Support of Mtn., Exh. B [Stipulation Agreement].) Under the terms of the settlement between Plaintiff and Defendant, the balance due and owing by Defendant was $4,471.30 and court costs of $523.61, for a total judgment in the amount of $4,994.91. (Id., at ¶¶ 1-2.) The settlement provided that it was subject to section 664.6. (Id. at ¶ 7.) Plaintiff signed the stipulation on October 1, 2025, and Defendant signed the stipulation on September
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV020355: BANK OF AMERICA N.A. vs PEREZ 07/29/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
24, 2025. (Id., at p.8.) The stipulation was then filed with the Court on October 8, 2025. (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 $1,390.00, leaving a balance of $3,081.30 plus court costs in the sum of $603.61, for a total judgment of $3,684.91. (Cox Decl., ¶¶ 7.) 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, ¶ 9.)
Based on the foregoing and in light of no opposition being filed, the Court grants the motion. The dismissal entered on October 8, 2025, 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 $3,081.30; however, the stipulation provides that if judgment is entered, the court fees would be $523.61. Defendant provides no explanation for the increase in the court costs and the Court will not award an amount greater than that to which the parties expressly stipulated. Accordingly, judgment shall be entered in the amount of $3,604.91.
Plaintiff shall submit a revised proposed order and judgment for the Courts signature consistent with the foregoing.