Patriot Bank v. Foster

(Spring Street Courthouse: Dept. 25) September 3, 2026 DEPARTMENT 25 LAW AND MOTION RULINGS *** The Judicial Officer Presiding in Department 25 is JUDGE JONATHAN H. EISENMAN ***

Tentative Rulings are posted before the hearing. If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 25 at the Spring Street Courthouse up until the morning of the motion hearing. The e-mail address is SSCdept25@lacourt.org. The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. The party submitting to the tentative must include to the e-mail any other party to the action.

Please note that if a party fails to appear at a law and motion hearing without having given notice under California Rules of Court, rule 3.1204, subd. (c), the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. If only one party has submitted, the Court may still hear the motion at the hearing or adopt the tentative ruling. Please note, the above e-mail address is ONLY to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

All parties may appear remotely for law and motion hearings. A party may register to attend remotely by accessing the court's website at www.lacourt.ca.gov and by registering through LACourtConnect. This service is accessed via the "Online Services" tab at the top of the webpage, and by selecting "Remote Hearings" below the "Courtroom Services," then by selecting "Civil."

DATE: Thurs., September 3, 2026 JUDGE /DEPT: Eisenman/25 CASE NAME: Patriot Bank v. Foster COMP FILED: 10-18-24 CASE NUMBER: 24STLC07556 NOTICE: OK PROCEEDINGS: MOTION TO SET ASIDE CCP 664.6 DISMISSAL, AND ENTER JUDGMENT AGAINST DEFENDANT MOVING PARTY: Plaintiff Patriot Bank RESP. PARTY: None MOTION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION (Code Civ. Proc., Sec. 664.6)

TENTATIVE RULING: The Court GRANTS Patriot Bank's motion to set aside the dismissal and enter judgment pursuant to the stipulation. The dismissal entered on February 7, 2025 is hereby SET ASIDE AND VACATED. Judgement is entered against Foster in the amount of $21,732.65, reflecting $25,672.65 in principal and $508.00 in court costs, less $4,448.00 for payments received. Bank is to give notice.

SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP Sec.Sec. 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) OK OPPOSITION: None filed as of August 31, 2026 [] Late [X] None REPLY: None filed as of August 31, 2026 [] Late [X] None

ANALYSIS: Patriot Bank sued Teresita Foster for breach of contract. Foster answered. The parties then settled and stipulated that Foster would pay $556.00 on January 30, 2025, make 22 monthly payments of $556.00 starting in February 2025, and to make a final payment of $557.00 in December 2026. The Court dismissed this action without prejudice and retained jurisdiction to enforce the stipulation pursuant to Code of Civil Procedure section 664.6. Foster made payments up to August 2025, but has failed to pay since then. Bank therefore moves to set aside the dismissal and enter judgment against Foster pursuant to the stipulation. Foster has not opposed the motion.

Code of Civil Procedure section 664.6, subdivision (a), allows a court to enter judgment pursuant to the terms of a written, signed settlement. If the parties agree, a court may dismiss the case without prejudice and retain jurisdiction to enforce the settlement until full performance is made. (Ibid.)

The stipulation between Bank and Foster is valid and enforceable under Code of Civil Procedure section 664.6. In the event of breach, the stipulation provides that Foster is liable for $25,672.65, plus $508.00 in costs, minus any payments Foster made before breaching. Bank requests a judgment of $21,732.65 against Foster, reflecting $25,672.65 plus $508.00 in court costs, less $4,448.00 for payments received from Foster. That amount is supported by Bank's motion, stipulation, and memorandum of costs.

The Court therefore GRANTS Bank's motion to set aside the dismissal entered on February 7, 2025 and enters judgment pursuant to the stipulation in the amount of $21,732.65 against Foster. Bank is to give notice. | Home -->)" -->