On 05/02/2014 AMERICAN EXPRESS filed a Contract - Debt Collection lawsuit against AVIDEH K PALADINO. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judge overseeing this case is STUART M. RICE. The case status is Disposed - Dismissed.
Disposed - Dismissed
Los Angeles County Superior Courts
Los Angeles, California
STUART M. RICE
AMERICAN EXPRESS CENTURION BANK
AVIDEH K. PALADINO
AVIDEH KIA NEMAZEE
AVIDH K. PALADINO
AVIDEH KIA PALADINO
LINDA M. MICHAEL ESQ.
SARA F. KHOSROABADI ESQ.
Court documents are not available for this case.
Notice of Settlement Filed by Attorney for PlaintiffRead MoreRead Less
Memo of Costs Filed by Attorney for PlaintiffRead MoreRead Less
List of Witnesses Filed by Attorney for PlaintiffRead MoreRead Less
Exhibit List Filed by Attorney for PlaintiffRead MoreRead Less
Trial Brief Filed by Attorney for PlaintiffRead MoreRead Less
Notice of Trial (RE: DEFENDANT'S TRIAL BRIEF ) Filed by Attorney for DefendantRead MoreRead Less
Ex-Parte Application (TO CONTINUE TRIAL ) Filed by Attorney for DefendantRead MoreRead Less
Stipulation (TO CONTINUE TRIAL ) Filed by Attorney for DefendantRead MoreRead Less
Statement-Case Management Filed by Attorney for PlaintiffRead MoreRead Less
Statement-Case Management Filed by Attorney for DefendantRead MoreRead Less
Substitution of Attorney Filed by Defendant, & Defendant in Pro PerRead MoreRead Less
Answer to Complaint Filed Filed by Defendant, & Defendant in Pro PerRead MoreRead Less
Proof-Service/Summons (PTY SERVED: AVIDEHK. PALADINO, AKA AVIDEH KIA PALADINO, AKA AVIDEH KIA NEMAZEE, AKA AVIDH K. PALADINO ) Filed by Attorney for PlaintiffRead MoreRead Less
Summons FiledRead MoreRead Less
Case Number: YC069833 Hearing Date: February 22, 2021 Dept: M
Torrance Dept. M
AMERICAN EXPRESS CENTURION BANK,
AVIDEH K. PALADINO,
Hearing Date: February 22, 2021
Moving Parties: Plaintiff American Express Centurion Bank
Responding Party: None
Motion for Order Vacating Dismissal and Entering Judgment Pursuant to CCP 664.6
The court considered the moving papers.
The motion is GRANTED. The court vacates the dismissal entered on June 26, 2019. The court enters judgment in the amount of $220,843.91 against defendant Avideh K. Paladino. See Judgment.
On May 2, 2014, plaintiff American Express Centurion Bank filed a complaint against defendant Avideh K. Paladino for common counts book account and quantum meruit.
On June 26, 2019, pursuant to an order for entry of amended stipulation for conditional entry of judgment and dismissal pursuant to CCP §664.6, the case was dismissed and the court retained jurisdiction over the parties to enforce the stipulation.
CCP § 664.6 states: “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.”
“A trial court, when ruling on a section 664.6 motion, acts as a trier of fact. Section 664.6’s ‘express authorization for trial courts to determine whether a settlement has occurred is an implicit authorization for the trial court to interpret the terms and conditions to settlement.’” Skulnick v. Roberts Express, Inc. (1992) 2 Cal. App. 4th 884, 889 (citations omitted).
Plaintiff requests that the court vacate the dismissal entered on June 26, 2019 and enter judgment against defendant pursuant to the parties’ stipulation re entry of judgment, in the amount of $266,120.19, plus costs and less any payments made to date, for a total of $220,843.91.
Plaintiff explains that on March 4, 2019, defendant agreed to settle the matter and the parties executed a Stipulation for Conditional Entry of Judgment. Pursuant to the stipulation, defendant agreed to pay plaintiff $114,000 in monthly payments. Defendant has made payments in the amount of $43,000. To date, defendant has failed to make payments on the remaining settlement balance. Under the stipulation, plaintiff’s counsel notified defendant of his default and demanded that defendant cure within seven days. The stipulation also states that “[i]f Defendant fails to cure the default, Plaintiff may then obtain judgment” pursuant to CCP §664.6 for the entire balance owed by defendant. Defendant failed to cure. See Spencer Penuela decl.
The court retained jurisdiction pursuant to CCP §664.6 to enforce the settlement agreement. See Order for Entry of Amended Stipulation for Conditional Entry of Judgment filed on June 26, 2019.
Accordingly, the motion is GRANTED.
Plaintiff is ordered to give notice of the ruling.
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