Tentative Ruling: Citibank NA v Fatemeh Mortezaie Fard

Case Number

25CV00723

Case Type

Hearing Date / Time

Mon, 04/27/2026 - 10:00

Nature of Proceedings

Motion to Set Aside Dismissal

Tentative Ruling

On February 3, 2025, plaintiff Citibank, N.A., filed this action against defendant Fatemeh Mortezaie Fard asserting one cause of action for breach of contract. Proof of service showing service on defendant was filed on February 13, 2025. On July 31, 2025, the parties filed a stipulation/ settlement agreement by which defendant agreed to make payments to plaintiff and the court would retain jurisdiction under Code of Civil Procedure section 664.6. Also on July 31, 2025, plaintiff submitted to the court an order on the stipulation to dismiss the action (again subject to section 664.6) and a form request for dismissal. For reasons that are unclear, the order and request for dismissal were not signed and processed until January 22, 2026.

On January 15, 2026, plaintiff filed its motion to vacate the dismissal and enter judgment under the terms of the settlement. No opposition or other response has been filed to this motion. The motion seeks the balance now due under the stipulation, plus court costs, in the total amount of $5,276.74.

Because the original request for dismissal was not entered until January 22, 2026, the court’s record has the dismissal appear after the filing of the motion. To correct this, the court deems the dismissal entered on January 22, 2026, to have been entered on July 31, 2025, nunc pro tunc. The unopposed motion to set aside this dismissal and to enter the proposed judgment under the stipulation is granted.