Onemain Financial Group LLC vs Wendy A Garcia

Case Number

21CV04220

Case Type

Hearing Date / Time

Mon, 08/04/2025 - 10:00

Nature of Proceedings

Motion: Order Setting Aside Dismissal; Entry of Judgment

Tentative Ruling

OneMain Financial Group, LLC v. Garcia                          

Case No. 21CV04220         

Hearing Date: August 4, 2025                                    

HEARING:              Plaintiff’s Motion For Order Setting Aside Dismissal and for Entry Of Judgment Under Terms Of Signed Settlement Agreement (CCP § 664.6.)                                                        

ATTORNEYS:        For Plaintiff OneMain Financial Group, LLP: Robert S.     Kennard and Jamie Allison Forbes

For Defendant Wendy A. Garcia: Self Represented

TENTATIVE RULING:

The motion of  OneMain Financial Group, LLC for an order setting aside dismissal and for entry of judgment pursuant to Code of Civil Procedure section 664.6 is granted. The court will sign the proposed order, and the judgment submitted by OneMain Financial Group, LLC.

Background:

This action commenced on October 22, 2021, by the filing of the complaint by plaintiff OneMain Financial Group, LLC (“OneMain”) against defendant Wendy A. Garcia (“Garcia”) for breach of promissory note, open book account, and account stated.

By way of the complaint, OneMain alleges that Garcia and OneMain entered into a written loan agreement on August 16, 20218, wherein OneMain lent money to Garcia, and which Garcia agreed to repay. (Compl., ¶ 8.) Garcia breached the agreement, and is in default, the last payment being made on February 16, 2019. (Id. at ¶ 10.) OneMain alleges that it is owed $11,242.92 by Garcia. (Id. at ¶¶ 11, 14, 17.)

On February 1, 2024, the parties filed a stipulation for entry of judgment. Pursuant to the stipulation:

OneMain shall have judgment against Garcia of $11,788.32, comprised of $11,242.92 in principal and $545.40 in court costs. (Stip., ¶ 1.) Judgment was not to be entered in favor of OneMain, and against Garcia, so long as Garcia pays the amount owed by paying a minimum of $250.00 each month commencing on June 1, 2022, until paid in full. (Id. at ¶ 3.) The agreement was made specifically enforceable pursuant to Code of Civil Procedure section 664.6. (Id. at ¶ 8.)

OneMain filed a dismissal without prejudice on February 6, 2024. The dismissal specifically notes that the court shall retain jurisdiction of the matter to enforce the terms of the stipulation pursuant to Code of Civil Procedure section 664.6.

Arguing the Garcia has defaulted under the term of the settlement agreement, by failing to make the required payments, OneMain now moves to set aside the dismissal and enter judgment.

Garcia has filed no opposition or other response to the motion.

Analysis:

Code of Civil Procedure section 664.6 provides:

“(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.

“(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

“(1) The party.

“(2) An attorney who represents the party.

“(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.

“(c) Paragraphs (2) and (3) of subdivision (b) do not apply in a civil harassment action, an action brought pursuant to the Family Code, an action brought pursuant to the Probate Code, or a matter that is being adjudicated in a juvenile court or a dependency court.

“(d) In addition to any available civil remedies, an attorney who signs a writing on behalf of a party pursuant to subdivision (b) without the party's express authorization shall, absent good cause, be subject to professional discipline.”

“A court ruling on a motion under Code of Civil Procedure section 664.6 must determine whether the parties entered into a valid and binding settlement.” (Hines v. Lukes (2008) Cal.App.4th 1174, 1182.) “If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.” (Id.)

A court hearing a motion brought under section 664.6 may “receive evidence, determine disputed facts, and enter the terms of a settlement agreement as a judgment”, but may not “create the material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon.” (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810.)

The court has reviewed the settlement agreement. The agreement is in a writing signed by all parties and sets forth all applicable terms. A valid settlement agreement was entered into for money owed by Garcia to OneMain.

As noted above, the agreement is enforceable pursuant to Code of Civil Procedure section 664.6.

In addition to the stipulated amount, OneMain seeks costs associated with the stipulation fee in the amount of $390.00, e-filing fee in the amount of $16.85, and the motion fee in the amount of $60.00, pursuant to paragraph 15 of the stipulation. That paragraph provides: “In the event an action is brought to enforce this stipulation or any right or obligation arising out of this stipulation, the prevailing party, in addition to any other relief, shall be entitled to recover costs incurred in such action, including costs incurred in collection and enforcement of the judgment.”

The motion will be granted. OneMain acknowledges that Garcia has paid $5,000.00 towards the amount owed. This amount is reflected in the proposed Judgment.