CAPITAL ONE, N.A. VS. ZHI YONG LIANG

September 10, 2025 Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________

02:00 PM LINE 8 23-CLJ-05013 CAPITAL ONE, N.A. VS. ZHI YONG LIANG

CAPITAL ONE, N.A. BRIAN LANGEDYK ZHI YONG LIANG

Motion for Judgment

TENTATIVE RULING:

Plaintiff Capital One, N.A.’s unopposed Motion to Enter Judgment Under Terms of Stipulated Agreement is GRANTED pursuant to Code Civil Procedure, section 664.6 and the terms of the parties’ stipulation, as follows:

Plaintiff’s Request for Judicial Notice is GRANTED. (Evid. Code, § 452, subd. (d).)

Code of Civil Procedure, section 664.6 creates a summary procedure for specifically enforcing certain types of settlement agreements by converting them into judgments. (Weddington Productions, Inc. v. Flick (1998) 60 Cal. App. 4th 793, 797.)

Here, the parties entered into a Stipulation Agreement which was filed December 19, 2023. (RJN, exh. B.) The Stipulation provides that the parties stipulate to entry of judgment the amount of $8,664.04 plus court costs pursuant to a memorandum of costs, based on the debt relative to the account ending in 5556 issued to defendant Zhi Yong Liang by plaintiff Capital One, N.A. (Id., ¶ 1.) It further provides that plaintiff will not request judgment be entered so long as defendant is not in default with the payment plan set forth therein. (Id., ¶ 3.) The payment plan states that defendant is to pay plaintiff $8,664 with a down payment of $108.04 on or before October 23, 2023 followed by a minimum of $713.00 on or before the 20th day of each and every month commencing in November, 2023, until the defendant has paid the Judgment amount. (Id., ¶ 4.)

The action was not dismissed, so the court retains jurisdiction.

Plaintiff has provided evidence that defendant has defaulted on the terms of the payment arrangement under the Stipulation Agreement, and was provided with 10 days written notice of the failure to make agreed upon payments. (Langedyk Decl., ¶¶ 3-4.) Defendant paid a total of $5,099.04, leaving a balance due and owing of $3,565.00 plus court costs in the sum of $598.50 pursuant to Plaintiff’s Memorandum of Costs filed February 2, 2026. (Id. ¶¶ 5-6.) No contrary evidence is before the Court.