AMERICAN EXPRESS CENTURION BANK VS MICHAEL A CONNOLLY

Tentative Rulings

Case Number: BC563860    Hearing Date: December 17, 2019    Dept: 48

MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO CCP § 664.6A

MOVING PARTY: Plaintiff American Express Centurion Bank

RESPONDING PARTY(S): No opposition filed.

PROOF OF SERVICE:

• Correct Address: Yes.
• 16/21 (CCP § 1005(b)): OK. Served by mail on September 30, 2015.

• GRANT motion to enforce settlement pursuant to CCP § 664.6;
• Enter judgment in the amount of $31,737.93.

ANALYSIS

There is no need to set aside the dismissal as the Court specifically retained jurisdiction to enforce the settlement pursuant to CCP § 664.6.

Plaintiff has submitted a copy of the Amended Stipulation for Conditional Entry of Judgment signed by Plaintiff and Defendant. Pursuant to the Stipulation, Defendant Michael A. Connolly was required to pay $67,502.53, inclusive of court costs, in monthly payments. Exh. A, Pages 2 - 4. Defendant has made payments in the amount of $31,077.93 toward the settlement amount agreed, but has failed to make payments on the remaining settlement balance. Decl. of Paul Eum, ¶¶ 5, 7. Defendant has failed to cure the default within 7 days of receiving the notice to cure letter. Id. at ¶ 8; Exh. C. Pursuant to the Stipulation, Plaintiff is entitled to request entry of judgment pursuant to CCP § 664.6. Id., ¶ 10; Exh. A, Page 4, ¶ 2.

The motion to enforce settlement pursuant to CCP § 664.6 is GRANTED. Judgment is to be entered in the requested sum of $31,077.93 plus $660.00.00 in costs for a total judgment of $31,737.93.