WELLS FARGO BANK NA V. DALE A SUNDELL

Case Number

23CV03634

Case Type

Hearing Date / Time

Mon, 01/27/2025 - 10:00

Nature of Proceedings

Motion to vacate dismissal under CCP § 664.6 and enter judgment pursuant to stipulation

Tentative Ruling

Wells Fargo Bank NA v. Dale A Sundell

Case No. 23CV03634

Hearing Date:         1/27/2025                                           

HEARING:    Motion to vacate dismissal under CCP § 664.6 and enter judgment pursuant to stipulation

           

ATTORNEYS:          Ashley Mulhorn of Collection at Law, Inc. for plaintiff

                                    Defendant is in pro per

                       

TENTATIVE RULING:  The motion is granted. The dismissal of the action is vacated, and judgment shall be entered against defendant in the total amount of $6,459.14, inclusive of costs, pursuant to the terms of Code of Civil Procedure section 664.6.

Background: This is a collections action, arising from an unpaid credit card debt, in which the amount of $6,909.14 was sought in the complaint. The parties entered into a Stipulation for Entry of Judgment and Settlement and Release & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to C.C.P § 664.6, executed by an agent of plaintiff on November 15, 2023, and by defendant on December 26, 2023. Under the settlement, defendant agreed to pay $6,909.14, with an initial payment of $159.14 paid before November 29, 2023, $250.00/month paid on or before the 29th of each month, starting on December 29, 2023, and through January 29, 2023, and a final $250.00 payment on or before February 28, 2026. The Stipulation provided that if defendant defaulted under the terms of the Stipulation, and failed to timely cure the default, plaintiff could obtain a judgment pursuant to Section 664.6 for the full amount of $6,909.14, less any payments made, plus costs paid and incurred, pursuant to the written declaration of the plaintiff. The Stipulation provided that the court would retain jurisdiction pursuant to Code of Civil Procedure section 664.6, in order to enforce the settlement. The parties agreed that the action could be dismissed pursuant to Section 664.6. The trial court dismissed the action pursuant to Section 664.6 on January 16, 2024.

Defendant failed to make all of the payments required by the Stipulation, making payments totaling $750.00 toward the amount owed. A letter was sent to defendant on July 9, 2024, informing defendant that defendant was in default, and providing seven days to cure the default by paying the past due amount. Defendant had not cured the default as of the date the motion was filed on November 8, 2024. An outstanding balance of $6,159.14 remains unpaid and due to plaintiff.

Plaintiff has moved for an order vacating the dismissal, and entering judgment against defendant pursuant to Code of Civil Procedure section 664.6, in the amount of $6,459.14, inclusive of the $300 in costs claimed by plaintiff, consisting of the $225.00 filing fee, and a $75.00 fee for service of process. Plaintiff has waived pre-judgment legal interest.  

ANALYSIS: The motion is granted. The dismissal of the action is vacated, and judgment shall be entered against defendant in the total amount of $6,459.14, pursuant to the terms of Code of Civil Procedure section 664.6.

Code of Civil Procedure section 664.6 provides:

“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.”

The parties to this action all executed the Stipulation for Conditional Entry of Judgment, which retained the court’s jurisdiction to enforce the terms of the settlement until it was performed in full. The settlement provided for defendant to be able to pay the amount due in monthly payments, pursuant to a schedule set forth in the settlement agreement. If defendant defaulted on the payments which were made, plaintiff could set aside the dismissal of the action and have judgment entered against defendant pursuant to Code of Civil Procedure section 664.6 for the full amount of the debt, less any payments made, plus court costs.

Defendant defaulted after making payments totaling $750.00, and that default was not cured. Consequently, plaintiff is entitled to set aside the dismissal, and have judgment entered in its favor for the total amount of the debt ($6,909.14), less the amount paid by defendant toward the debt ($750.00), plus court costs of $300.00, for a total judgment amount of $6,459.15.

The Court will grant the motion, set aside the dismissal, and order that judgment be entered in plaintiff’s favor in the amount of $6,459.15.