2015-00182360-CL-CL

Portfolio Recovery Associates, LLC vs. Claudio A. Garcia

Nature of Proceeding: Motion to Enter Judgment Pursuant to Terms of Settlement Agreement

Filed By: Pierce, Emily D.

Plaintiff’s motion to enter judgment pursuant to Code of Civil Procedure §664.6 is UNOPPOSED and is GRANTED IN PART, as follows.

The notice of motion does not provide notice of the court’s tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact defendant and advise him/her of Local Rule 1.06 and the court’s tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact defendant prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone.

The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a).

Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4).

The parties to this collection action negotiated a settlement which was memorialized in

writing. The settlement required defendant to make periodic installment payments to plaintiff but according to the moving papers, defendant has fail to make several installment payments required by the settlement agreement.

The court notes that defendant failed to file any opposition, which is construed as a concession of the merits of the present motion and therefore, plaintiff is entitled to judgment as against the defaulting defendant in the amount of $3,360.49 (i.e., $5,388.19 minus credits of $2,027.70).

However, the court will strike the Memorandum of Costs prematurely filed on 2/5/2018, before any judgment was entered in this action.

The court declines to sign the proposed order and proposed judgment submitted with the moving papers because they both prematurely include an award of costs which can only be obtained after filing and serving a Memorandum of Costs and providing defendant with an opportunity to challenge same.