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Cavalry SPV I LLC vs Alexandra Rodriguez

Case Number

20CV02239

Case Type

Civil Law & Motion

Hearing Date / Time

Mon, 07/01/2024 - 10:00

Nature of Proceedings

Motion: Entry of Judgment Pursuant to Default Under Settlement and Release Agreement

Tentative Ruling

Cavalry SPV I, LLC v. Alexandra Rodriguez      

Case No. 20CV02239        

Hearing Date: July 1, 2024                                                    

MATTER:                Motion For Order Entering Judgment Pursuant To Defendant’s Default Under Settlement And Release Agreement

ATTORNEYS:        For Plaintiff Alexandra Rodriguez: S. Jenna Moreno-Cortez, Law Offices of Robert S. Gitmeid, P.C.

                             For Defendant Cavalry SPV I, LLC: Rachel Haney, etc., Gurstel Law Firm, P.C.

TENTATIVE RULING:

The court will continue the hearing on the motion of defendant for an order entering judgment to September 9, 2024. On or before July 8, 2024, defendant Cavalry SPV I, LLC, shall serve a copy of the present motion on defendant Alexandra Rodriguez at all known addresses, and file a proof of service evidencing service of the present motion as ordered herein.

Background:

On July 8, 2020, plaintiff Cavalry SPV I, LLC (Cavalry), as assignee of Citibank, N.A. (Citibank), filed a complaint alleging two causes of action against defendant Alexandra Rodriguez (Rodriguez) for an account stated and money lent. As alleged in the complaint, Cavalry is a debt buyer who purchased from Citibank an account for credit card purchases and cash advances (the account) issued by Citibank to Rodriguez. Cavalry further alleges that on September 19, 2019, Rodriguez became indebted to Citibank on the account, in the sum of $3,976.99. The last payment to the account was made by Rodriguez on January 26, 2019.

On August 11, 2020, Rodriguez filed an answer to the complaint generally denying its allegations and asserting affirmative defenses.

Court records reflect that on September 11, 2020, Cavalry filed a notice of conditional settlement of the action (the notice of settlement) stating that a request for dismissal would be filed no later than August 21, 2023.

Calvary filed the present motion on April 30, 2024, asserting that Rodriguez has defaulted under the terms of a written settlement agreement (the agreement) between Cavalry and Rodriguez which was entered into pursuant to Code of Civil Procedure section 664.6. Cavalry seeks an order entering judgment in its favor and against Rodriguez.

In support of the motion, Cavalry submits the declaration of its counsel, Rachel Haney (Haney), who declares that under the agreement, no judgment would be entered against Rodriguez provided Rodriguez paid an agreed upon amount in monthly installments. (Haney Decl., 4 & Exh. 1) Haney further states that, under the terms of the agreement, Rodriguez should have paid the amount of $4,268 but that Cavalry has received only the amount of $1,940. (Id. at 6.) Haney declares that Calvary is owed principal in the amount of $2,036.99, plus costs in the amount of $309.50, for a total of $2,346.49 which is the amount of the judgment sought by Cavalry against Rodriguez. (Id. at ¶ 10.)

Rodriguez has not filed an opposition to the present motion.

Analysis:

Based on the moving papers and the court’s review of its records in this action, available information indicates that Cavalry has not served a copy of the present motion on Rodriguez, who appears to be represented by counsel in this action. (See Aug. 11, 2020, Answer To Complaint.) Therefore, the court will continue the hearing on the motion to permit Cavalry to appropriately serve a copy of the motion on Rodriguez.

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