2015-00181605-CL-CO

Discover Bank vs. Kao C. Thungc

Nature of Proceeding: Motion to Enter Judgment Pursuant to Stipulation

Filed By: Isozaki, Ryota

Plaintiff Discover Bank’s Motion to Enter Judgment Pursuant to Stipulation pursuant to CCP 664.6 is unopposed and is granted.

Plaintiff requests that the Court enter judgment in the amount of $5,428.54 pursuant to the terms of the written settlement agreement. The case remains pending, with no dismissal.

Pursuant to the terms of the Stipulation, (Ex. 1 to Decl. of Isozaki) Defendant was to pay to Plaintiff the total sum of $4,000.00 with the sum of $1,000.00 due on or before January 28, 2016, then the sum of $50.00 is due on or before the 28th day of each month beginning February 28, 2016, through and including January 28, 2021. (Declaration of Counsel for Plaintiff, ¶ 3). Defendant(s) stopped making payments on 03/30/2018 (Declaration of Counsel for Plaintiff, ¶7).

Pursuant to the terms of the Stipulation, in the event of a default, judgment is to be entered in favor of the Plaintiff and against Defendant(s) for the principal amount of $7,338.54 and court costs of $290.00, less a credit for all payments received. (Declaration of Counsel for Plaintiff, ¶ 4).

CCP § 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, 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.”

Defendant(s) made payments totaling $2,200.00 after entering into the Stipulation.

(Declaration of Counsel for Plaintiff, ¶6). Therefore, the Court enters judgment in the amount of $ 5,428.54, reflecting credit for the payments that have been made as well as court costs of $290 that defendant agreed to pay in the Stipulation. (See Declaration of Counsel for Plaintiff, ¶ 8)

The Court will sign the proposed judgment.