Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
23CV012556: CAPITAL ONE, N.A. vs TABER 08/05/2026 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.
The Department 8C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16039062174 and the Zoom Meeting ID is 160 3906 2174. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
23CV012556: CAPITAL ONE, N.A. vs TABER 08/05/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING
***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION***
Plaintiff Capital One, N.A.s (Plaintiff) motion to vacate dismissal pursuant to Code of Civil Procedure § 664.6, and enter judgment pursuant to the stipulation is UNOPPOSED and is GRANTED.
Plaintiffs request for judicial notice is UNOPPOSED and GRANTED.
This is a debt collection action. Plaintiff and Defendant Nancy J. Taber (Defendant) executed a written Stipulation Agreement on December 27, 2023. (RJN, Ex. B.) (Settlement Agreement.) Under the terms of the Settlement Agreement, the parties agreed Plaintiff was entitled to a judgment in the principal sum of $20,740.48. (Settlement Agreement, ¶¶ 1-2.) Judgment would not be entered so long as Defendant paid the full judgment amount in monthly installments. (Settlement Agreement, ¶ 4.) The parties agreed that if Defendant defaulted, Plaintiff would be entitled to judgment in the principal amount, plus costs, less credits for any and all amounts paid by Defendant. (Settlement Agreement, ¶ 4.) The Court dismissed the action pursuant to the stipulation on January 19, 2024.
Defendant defaulted under the Settlement Agreement. (Sherrill Decl., ¶ 4.) Plaintiff's last received payment was on December 29, 2023. (Sherrill Decl., ¶ 4.) Defendant has made a total of $340.48 in payments, leaving a balance of $20,400.00. (Sherrill Decl., ¶¶ 6-7.) Plaintiff also requests court costs of $868.50, which are recoverable pursuant to the terms of the Settlement Agreement upon filing a Memorandum of Costs. (Sherrill Decl., ¶ 7; Settlement Agreement.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV012556: CAPITAL ONE, N.A. vs TABER 08/05/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
Because Defendant has defaulted under the Settlement Agreement and does not oppose the present motion, Plaintiffs motion is GRANTED.
The dismissal is vacated and judgment shall be entered in the amount of $20,400.00.
Contrary to California Rules of Court, Rule 3.1700, Plaintiff filed a Memorandum of Costs contemporaneously with the instant motion. Plaintiffs premature Memorandum of Costs is stricken. Plaintiff may seek costs by filing a new Memorandum of Costs in compliance with Rule 3.1700.
Plaintiff will prepare a revised proposed order and proposed judgment for the Courts signature consistent with this ruling. Plaintiff shall provide notice of entry of the order and judgment.