Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
CASE NUMBER: 24CVG-01465 Tentative Ruling on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement: Plaintiff JPMorgan Chase, N.A. seeks to vacate the dismissal entered on February 18, 2025 and enforce the Stipulation Agreement filed on February 13, 2025. Despite being properly noticed, Defendant Susan C. Briggsdeedon did not file an Opposition.
Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Stipulation Agreement filed in this matter on February 13, 2025. The request is granted pursuant to Evid. Code §§ 452(d) and 453.
Merits. CCP § 664.6 provides the Court with authority, upon motion, to enter judgment pursuant to the terms of a settlement agreement entered into in writing. If requested by the parties, the Court also retains jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Id.
The Stipulation Agreement filed with the Court on February 13, 2025 was executed by both parties. The terms of the agreement are straightforward. The parties stipulated to a judgment of $9,448.26 plus costs in the amount of $0. Defendant was to make a payment of $662 on or before January 15, 2025 and monthly payments of $658 until the balance was paid. The parties agreed that if Defendant timely made the first 12 consecutive payments totaling $7,900, the remaining balance would be deducted. The parties also agreed that following the dismissal, Plaintiff may reopen the case to enter judgment in the event of Defendant’s failure to comply with the terms of payment described in the agreement.
The declaration of attorney Donald Sherrill establishes that Defendant has paid a total of $5,916 and has not made a payment since December 15, 2025. Plaintiff has sufficiently shown that Defendant breached the terms of the agreement by failing to make payments as owed. Plaintiff requests entry of judgment in the amount of $3,352.26 which is arrived at by deducting $5,916 from the stipulated amount of $9,448.26.
The Motion is GRANTED. The dismissal is set aside and Judgment for the Plaintiff will be entered in the amount of $3,532.96. Plaintiff provided a proposed order and judgment which the Court will modify to reflect the ruling here.
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