Case Number: KC067702 Hearing Date: February 20, 2018 Dept: J

Re: American Express Centurion Bank, etc. v. Raymond N. Obiamalu, etc. (KC067702)

MOTION FOR ORDER ENTERING JUDGMENT AGAINST DEFENDANT PURSUANT TO CCP § 664.6

Moving Party: Plaintiff American Express Centurion Bank

Respondent: No timely opposition filed (due 2/5/18)

POS: Moving OK

This is a credit card collections matter. The complaint, filed 6/8/15, asserts causes of action for:

Common Counts: Book Account, Account Stated
Quantum Meruit—Reasonable Value

On 2/18/16, plaintiff filed a conditional Notice of Settlement of Entire Case. On 2/23/16, the parties filed a Stipulation for Conditional Entry of Judgment; that day, the Order for Entry of Stipulation for Conditional Entry of Judgment and Dismissal Pursuant to CCP § 664.6 was filed.

Plaintiff American Express Centurion Bank (“plaintiff”) moves this court, per CCP § 664.6, for an order entering judgment against Defendant Raymond N. Obiamalu aka Raymond Nkemdilim Obiamalu aka R. Obiamalu aka Raymond Obliamlu (“defendant”), on the basis that defendant has breached the terms of the parties’ Stipulation for Conditional Entry of Judgment. No opposition has been filed.

“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.” CCP § 664.6.

On 2/23/16, the parties filed a “Stipulation for Conditional Entry of Judgment” (“Stipulation”); that day, the “Order for Entry of Stipulation for Conditional Entry of Judgment and Dismissal Pursuant to CCP § 664.6” was filed, wherein the court dismissed this matter without prejudice, but retained jurisdiction pursuant to CCP § 664.6 over the parties to enforce the Stipulation until performance in full of the terms.

The Stipulation provides for the defendant to adhere to a payment schedule set forth in ¶ 1; more specifically, defendant was to make monthly payments of $2,000.00 commencing 2/28/16 and up through 12/28/18, with a final lump sum payment of $21,337.98 due 1/28/19. Paragraph 2 therein provides that “[f]ailing to make any payment on time or should any payment be refused or returned by the bank upon which it is drawn, Defendant shall be in default under the terms of this Stipulation. Defendant shall be notified of such default in writing by email sent to robiamalu@obiamalulaw.com, and is permitted to cure the default within seven (7) days of the date of the notice. If Defendant fails to cure the default, Plaintiff may then obtain a judgment pursuant to Code of Civil Procedure § 664.6 for the entire balance owed by Defendant in the amount of $90,817.98, plus court costs expended, less any payments made to date and may execute on the judgment immediately after entry, upon application.”

Plaintiff’s counsel Lisa D. Dubowski (“Dubowski”) represents that defendant has only made payments in the amount of $9,000.00 toward the settlement amount agreed; more specifically, he made payments of $3,000.00 each on 9/20/16, 10/28/16 and 12/28/16. (Dubowski Decl., ¶¶ 7 and 9). On 5/16/17, plaintiff’s counsel’s office sent defendant an e-mail, in accordance with ¶ 2 of the Stipulation, wherein he was advised of his right to cure his default within 7 days of the date of the e-mail. (Id., ¶ 8, Exhibit “C”). Inasmuch as plaintiff has complied with the cure provision of the parties’ Stipulation, it is entitled to judgment pursuant to Code of Civil Procedure § 664.6 for the entire balance owed by defendant in the amount of $81,817.98, plus court costs expended.

The motion is granted.