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This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 00:08:32 (UTC).

AMERICAN EXPRESS BANK, FSB VS. GLEN C. MARZAN

Case Summary

On 11/21/2016 AMERICAN EXPRESS BANK, FSB filed a Contract - Debt Collection lawsuit against GLEN C MARZAN. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7426

  • Filing Date:

    11/21/2016

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiffs

AMERICAN EXPRESS CENTURION BANK

AMERICAN EXPRESS BANK FSB

Defendant

MARZAN GLEN C.

Attorney/Law Firm Details

Plaintiff Attorney

MICHAEL LINA M.

 

Court Documents

Civil Case Cover Sheet

11/21/2016: Civil Case Cover Sheet

Summons

11/21/2016: Summons

Unknown

11/21/2016: Unknown

Notice

11/22/2016: Notice

Proof of Service (not Summons and Complaint)

11/29/2016: Proof of Service (not Summons and Complaint)

Unknown

11/29/2016: Unknown

Other -

2/22/2017: Other -

Order - Dismissal

3/2/2017: Order - Dismissal

Notice of Motion

2/13/2019: Notice of Motion

Memorandum of Costs (Summary)

2/13/2019: Memorandum of Costs (Summary)

Minute Order

5/15/2019: Minute Order

Notice

5/22/2019: Notice

Unknown

5/23/2019: Unknown

1 More Documents Available

 

Docket Entries

  • 05/23/2019
  • Proof of Service - No Service; Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff)

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  • 05/22/2019
  • Notice (PLAINTIFF?S NOTICE OF CONTINUED HEARING FOR MOTION FOR ORDER TO VACATE DISMISSAL AND ENTERING JUDGMENT); Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff); AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 05/15/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion to Enforce Settlement - Held - Continued

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  • 05/15/2019
  • Minute Order ( (HEARING ON MOTION TO ENFORCE SETTLEMENT)); Filed by Clerk

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  • 02/13/2019
  • Memorandum of Costs (Summary); Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff)

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  • 02/13/2019
  • Notice of Motion (FOR ORDER VACATION DISMISSAL AND ENTERING JUDGMENT AGAINST DEFENDANT PURSUANT TO C.C.P. 664.6); Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff)

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  • 02/13/2019
  • Notice (OF SUBMISSION ON PLAINTIFF'S MOTION FOR ORDER VACATING DISMISSAL AND ENTERING JUDGMENT AGAINST DEFENDANT PURSUANT TO C.C.P. 664.6); Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff)

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  • 03/02/2017
  • Order - Dismissal; Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff); AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 02/22/2017
  • Stipulation for Conditional Entry of Judgment; Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff); AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 11/29/2016
  • Proof of Service (not Summons and Complaint); Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff); AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 11/29/2016
  • Declaration; Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff); AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 11/22/2016
  • Notice of All Purpose Case Assignment and Notice of Case Management Conference; Filed by Clerk

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  • 11/21/2016
  • Civil Case Cover Sheet; Filed by AMERICAN EXPRESS BANK, FSB (Plaintiff); AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 11/21/2016
  • Summons; Filed by null

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  • 11/21/2016
  • Complaint filed-Summons Issued; Filed by null

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Tentative Rulings

Case Number: PC057426    Hearing Date: May 4, 2021    Dept: F47

Dept. F-47

Date: 5/4/21

Case #PC057426

MOTION FOR ORDER VACATING DISMISSAL

&

ENTERING JUDGMENT

Motion filed on 11/3/20.

MOVING PARTY: Plaintiff American Express Bank, FSB; American Express Centurion Bank

RESPONDING PARTY: Defendant Glen C. Marzan

RELIEF REQUESTED: An order vacating the dismissal in this case and entering judgment against Defendant pursuant to CCP 664.6.

SUMMARY OF ACTION: This action arises out of Defendant’s alleged default on a credit care agreement.

RULING: The unopposed motion is granted.

***Plaintiff indicates that it intends to submit on its moving papers without appearing pursuant to CRC 3.1304(c), if the motion is unopposed. See also CRC 3.1308.

Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations and exhibits). See also CRC 3.1110(f)(4). Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions.

On 11/21/16, Plaintiff filed this action for common counts book account and quantum meruit seeking damages in the amount of $41,392.72. (Penuela Decl. ¶3). In December 2016, the parties agreed to settle the matter with Defendant agreeing to pay Plaintiff $41,912.72, inclusive of court costs, in monthly payments. (Id. at ¶¶4-5, Ex.A). On 3/2/17, pursuant to the agreement of the parties, the Court dismissed the matter pursuant to CCP 664.6. (Id. at ¶6, Ex.B). While Defendant has made some payments under the agreement, Defendant defaulted. (Id. at ¶7). Pursuant to the Stipulation for Conditional Entry of Judgment entered between the parties, on 10/22/20, Plaintiff sent Defendant a letter, via email, informing Defendant of the default and giving Defendant 7 days to cure. (Id. at ¶8, Ex.C). Defendant has failed to cure the default. (Id. at ¶9). Plaintiff now moves for an order vacating the dismissal in this case and entering judgment against Defendant pursuant to CCP 664.6.

At the time this motion was filed, CCP 664.6 provided:

If parties 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.

Based on the Stipulation for Conditional Entry of Judgment entered between the parties and Defendant’s default under the agreement, Plaintiff is entitled to have the dismissal set aside and have judgment entered against Defendant for the entire balance owed on the full amount originally due, $41,392.72, minus $13,550.00 for payments made, plus $580.00 in costs for a total judgment in the amount of $28,422.72.

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