2013-00141253-CL-CL

Midland Funding LLC vs. Benjamin Avila

Nature of Proceeding: Motion to Vacate Dismissal and Enter Judgment

Filed By: Lusis, Karen Etsell

Plaintiff Midland Funding LLC’s Motion to Vacate Dismissal and Enter Judgment is
unopposed and is GRANTED.

The notice of motion does not provide notice of the Court’s tentative ruling system as
required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the
Sacramento Superior Court are available on the Court’s website at
Counsel for moving party is
ordered to notify opposing party immediately of the tentative ruling system and to be
available at the hearing, in person or by telephone, in the event opposing party
appears without following the procedures set forth in Local Rule 1.06(B).

On July 18, 2013, this entire case is dismissed without prejudice pursuant to the
Stipulation for Settlement Pursuant to California Code of Civil Procedure § 664.6. The
court retained jurisdiction to adjudicate issues pertaining to the settlement until the
agreement has been fully performed pursuant to CCP § 664.6. The Stipulation for
Settlement Pursuant to C.C.P., sec. 664.6 signed by the parties and filed that same
day, provides that the Court was granted power to set aside the dismissal and enter
judgment upon plaintiff’s showing of a default by defendant.

Section 664.6 provides that “if parties to pending litigation stipulate, in a writing signed
by the parties outside the presence of the court or orally before the court, for
settlement of the case,” they can summarily seek to enter a judgment on the terms of
the settlement.

Plaintiff Midland Funding has now submits the Declaration of its counsel, Karen Etsell
Lusis that Defendant has failed to make all payments required under the Stipulation.
Plaintiff’s moving papers are sufficient to show the terms of the settlement and the
amount due from Defendant and defendant’s breach of the agreement. Thus, Plaintiff
now seeks to set aside the dismissal and enter judgment pursuant to the Stipulation.
Pursuant to the written settlement agreement, Plaintiff is entitled to a judgment in the
amount of $3,422.27, which represents the principal amount of $4,796.18, less
payments received in the amount of $2,595.38, plus interest that has accrued at the
rate of 7% in the amount of $915.47, and costs in the amount of $306.00 ($181 filing
fee, $65 service fee, and $60 motion fee).

Prevailing party is directed to submit a judgment for the Court’s signature.