Wells Fargo Bank NA vs Oscar Camacho
Case No: 16CV00085
Hearing Date: Wed Apr 24, 2019 9:30

Nature of Proceedings: Vacate Dismissal and Enter Judgment by Stipulation

Tentative Ruling: The court grants plaintiff Well Fargo Bank, N.A.’s Motion to Vacate Dismissal Under CCP § 664.6 & Enter Judgment Pursuant to Stipulation, vacates dismissal of the action, and enters judgment for $5,712.76. The court will fill in the hearing date and sign the proposed order submitted on March 20, 2019.

Background: This is a collection action that plaintiff Wells Fargo Bank, N.A., filed against defendant Oscar Camacho. On November 18, 2016, the parties filed a Stipulation for Entry of Judgment and Settlement and Release & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to CCP § 664.6. The entered its order dismissing the action and retaining jurisdiction pursuant to CCP § 664.6.

The stipulation provided for judgment in the amount of $9,307.76, plus costs, minus credit for payments, and that defendant would make monthly payments. [Stipulation ¶¶1, 2] The parties agreed that, in the event of default, plaintiff would give defendant seven days notice of its intention to file the stipulation to enter judgment and provide defendant with an opportunity to cure. If defendant failed to cure, plaintiff could enter judgment without further notice. [Stipulation ¶9] In order to obtain judgment, plaintiff need only file the notice of non-compliance, a copy of the stipulation, a declaration of plaintiff or plaintiff’s counsel reciting the default, and a proposed judgment. [Stipulation ¶19]

Motion: Plaintiff has filed a motion to vacate the dismissal and enter judgment. “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.

“[T]he request for retention of jurisdiction must conform to the same three requirements which the Legislature and the courts have deemed necessary for section 664.6 enforcement of the settlement itself: the request must be made (1) during the pendency of the case, not after the case has been dismissed in its entirety, (2) by the parties themselves, and (3) either in a writing signed by the parties or orally before the court.” Sayta v. Chu, 17 Cal.App.5th 960, 966 (2017). The stipulation satisfies these requirements.

As of the date of the motion, defendant had made payments totaling $3,880 but had failed to remit any payments since June 2018. [Ewing Dec. ¶5] On January 7, 2019, counsel for plaintiff sent a letter to defendant’s attorney informing him of the default and giving defendant seven days to cure by paying $1,358. [Ewing Dec. ¶6] Defendant has not cured the default. [Ewing Dec. ¶7] Plaintiff incurred $285 in costs consisting of the $225 filing fee and $60 motion fee. [Ewing Dec. ¶9]

Based on the foregoing, the court grants the motion, vacates dismissal of the action, and enters judgment for $5,712.76. The court will fill in the hearing date and sign the proposed order submitted on March 20, 2019.