American Express Bank FSB vs Johan Frisell
Case No: 16CV05577
Hearing Date: Wed Mar 28, 2018 9:30

Nature of Proceedings: Entry of Judgment Per CCP 664.6

TENTATIVE RULING: Plaintiff American Express Bank, FSB’s motion for entry of judgment pursuant to the stipulated agreement of the parties is granted. Judgment is ordered entered in favor of plaintiff and against defendant Johan Frisell in the amount of $2,396.92, plus costs.

BACKGROUND:

This is a credit card collection matter. Defendant Johan Frisell applied for and was issued a credit card by plaintiff American Express Bank, FSB. Defendant subsequently defaulted on his credit card payments. At the time of his default, defendant owed the sum of $13,108.92 on his credit card account. On December 9, 2016, plaintiff filed its complaint against defendant, alleging common count causes of action. On March 9, 2017, plaintiff filed a Notice of Settlement of Entire Case. That same day, the parties filed a Stipulation for Entry of Judgment Pending Performance. Pursuant to the settlement, defendant agreed to pay the total sum of $13,561.72 to plaintiff by January 15, 2018 according to a specified schedule.

Defendant has defaulted under the settlement agreement by not making the required payments in November and December 2017. Plaintiff requested damages of $13,108.92 in its complaint and defendant has paid the sum of $10,712.00, leaving an outstanding principal balance of $2,396.92. Plaintiff now moves for an order for entry of judgment pursuant to the Stipulation for Entry of Judgment Pending Performance. There is no filed opposition to the motion.

ANALYSIS:

The court may enter a judgment in accordance with the terms of a written settlement agreement. Code of Civil Procedure Section 664.6 provides:

“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, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”

Here, American Express and defendant signed a Stipulation for Entry of Judgment Pending Performance pursuant to Code of Civil Procedure Section 664.6 and filed it with the court. (Brown Dec., ¶2, Ex. A.) The Stipulation provides that defendant will pay the sum of $13,561.72 to American Express by January 15, 2018 by making an initial payment of $1,539.00 and payments of approximately $997.00 per month thereafter. (Brown Dec., ¶3.) Defendant made payments in the total amount of $10,712.00, but failed to make any payments in November and December 2017, leaving an outstanding balance of $2,396.92. (Brown Dec., ¶4.) On November 17, 2017, American Express sent a letter to defendant notifying him that he was in default and giving him fifteen days to cure the default under the settlement agreement. (Brown Dec., ¶5, Ex. B.) To date, defendant has failed to cure the default. (Ibid.)

The court will grant American Express’s motion. The court finds that defendant voluntarily entered into the Stipulation for Entry of Judgment Pending Performance and that he is in default under the terms of the Stipulation. Pursuant to Code of Civil Procedure Section 664.6, judgment is ordered entered in favor of American Express and against defendant in the amount of $2,396.92, plus costs.