2016-00192169-CL-CL

Capital One Bank (USA) vs. Ericka F. Rudy

Nature of Proceeding: Motion for Entry of Judgment

Filed By: DeLany, Genna

Plaintiff Capital One Bank (USA), N.A.’s (“Plaintiff”) Motion for Entry of Judgment Pursuant to Stipulation of the Parties is UNOPPOSED and is GRANTED.

Plaintiff seeks to enter judgment against defendant Ericka F. Rudy (“Defendant”) pursuant to Code of Civil Procedure § 664.6. Section 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement.

Plaintiff entered into a Stipulation for Entry of Judgment (the “Stipulation”) with Defendant on March 17, 2017. The Stipulation was filed on November 30, 2017. The Stipulation authorizes the Court to retain jurisdiction over the action in the event Defendant failed to fulfill the obligations under the Stipulation. (Stipulation, ¶ 8.) The Stipulation provides Plaintiff may move to enter judgment in the event Defendant defaults. (Stipulation, ¶ 5.) No dismissal has been entered in this case.

Plaintiff asserts Defendant has defaulted under the Stipulation and now seeks to enforce the Stipulation and have the Court enter judgment against Defendant.

Pursuant to Code of Civil Procedure § 664.6, “[i]f 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 . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.” “A procedure in which a settlement is

evidenced by one writing signed by both sides minimizes the possibility of . . . disputes

[s] and legitimizes the summary nature of the section 664.6 procedure.” (Robertson v. Chen (1996) 44 Cal.App.4th 1290, 1293.) The Court’s inquiry in ruling on a motion for judgment pursuant to Section 664.6 is generally limited to a determination of whether the parties entered into a valid and binding settlement, and the material terms thereof. (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182-83.)

Here, Defendant’s failure to file an opposition is construed as a concession of the merits of the present motion, which is therefore granted. Having received no objection thereto, the Court will sign the proposed Judgment submitted with the moving papers.

Thus, the Court grants the motion to enforce the settlement and enter judgment pursuant to Code of Civil Procedure section 664.6. The judgment shall be for $2,501.79 ($3,217.29, plus previous court costs of $413.50, Defendant’s first appearance fee of $225, and court costs of $60 for the filing of this motion, less $1,414 for the payments made to date).