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This case was last updated from Los Angeles County Superior Courts on 08/23/2018 at 05:35:20 (UTC).

AMERICAN EXPRESS CENTURION BANK VS ESTHER L. OCHOA

Case Summary

On 09/22/2017 AMERICAN EXPRESS CENTURION BANK filed a Contract - Debt Collection lawsuit against ESTHER L OCHOA. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judge overseeing this case is RAMONA G. SEE. The case status is Disposed - Dismissed.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****2329

  • Filing Date:

    09/22/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RAMONA G. SEE

 

Party Details

Plaintiff

AMERICAN EXPRESS CENTURION BANK

Defendants

OCHOA ESTHER L.

LAGUNAOACHOA ESTHER L.

DOES 1 THROUGH 20

LAGUNA ESTHER

LAGUNA OCHOA ESTHER

Attorney/Law Firm Details

Plaintiff Attorney

MICHAEL & ASSOCIATES PC

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 03/29/2018
  • at 08:30 am in Department M, Ramona G. See, Presiding; Court Order - Completed

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  • 03/29/2018
  • Notice of Settlement; Filed by Attorney for Plaintiff

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  • 03/29/2018
  • Order (DISMISSING CASE PURSUANT TO CCP 664.6 IS SIGNED ); Filed by Attorney for Plaintiff

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  • 03/26/2018
  • Declaration ( OF H. FREDERICK SEIGENFELD RE: STATUS OF DISMISSAL AFTER SETTLEMENT ); Filed by Attorney for Plaintiff

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  • 03/26/2018
  • Statement-Case Management; Filed by Attorney for Plaintiff

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  • 10/03/2017
  • Proof of Service (OF SUMMONS AND COMPLAINT//PARTY SERVED: ESTHER L. OCHOA, aka ESTHER L. LAGUNAOACHOA, ESTHER LAGUNA, OCHOA ESTHER LAGUNA BY SUB-SERVICE TO JANE DOE ON 9/27/17 ); Filed by Attorney for Plaintiff

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  • 10/02/2017
  • OSC-RE Other (Miscellaneous); Filed by Clerk

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  • 09/22/2017
  • Complaint Filed; Filed by Attorney for Plaintiff

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  • 09/22/2017
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 09/22/2017
  • Notice-Case Management Conference; Filed by Clerk

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Tentative Rulings

Case Number: YC072329    Hearing Date: December 01, 2020    Dept: M

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. M

AMERICAN EXPRESS CENTURION BANK,

Plaintiff,

Case No.:

YC072329

vs.

[Tentative] RULING

ESTHER L. OCHOA, et al.,

Defendants.

Hearing Date: December 1, 2020

Moving Parties: Plaintiff American Express Centurion Bank

Responding Party: None

Motion For Order Vacating Dismissal and Entering Judgment Against Defendant Pursuant to C.C.P. § 664.6

The court considered the moving papers.

RULING

The motion for order vacating dismissal and entering judgment against defendant pursuant to CCP § 664.6 is GRANTED.

The dismissal entered on March 29, 2018 is vacated. Judgment is entered against defendant Esther L. Ochoa aka Esther L. Lagunaoachoa aka Esther Laguna, Ochoa Esther Laguna in the amount of $25,376.79.

BACKGROUND

On September 22, 2017, plaintiff American Express Centurion Bank filed a complaint against defendant Esther L. Ochoa for (1) common counts: book account, account stated and (2) quantum meruit – reasonable value.

On March 29, 2018, plaintiff filed a notice of settlement. Dismissal of the action was entered that same day.

DISCUSSION

Plaintiff seeks a court order vacating dismissal and entering judgment against defendant pursuant to CCP § 664.6.

CCP §664.6 provides that “[i]f 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.” CCP § 664.6.

Here, the parties entered into a written stipulation in November 2017 wherein the parties agreed that plaintiff is to recover a sum of $37,141.79 from defendant, which includes total principal in the amount of $36,621.79 and $520 in court costs. Motion, Penuela Decl., ¶ 4, Ex. A, p. 2, ¶ c(1). Defendant was to make monthly payments of (1) $425.00 from November 27, 2017 through October 27, 2018, (2) $550.00 from November 27, 2018 through October 27, 2019, (3) $675.00 from November 27, 2019 through October 27, 2020, (4) $800.00 from November 27, 2020 through October 27, 2021, and (5) $925.00 from November 27, 2021 through June 27, 2022, as well as a one final payment of $341.79 on July 27, 2022. Id., pp. 2-3. The stipulation provides that defendant shall be in default for failing to make any payment on time or should any payment be refused or returned by the bank. Id., p. 4, ¶ c(2). Defendant was to be notified of such default in writing by email and permitted seven days from the date of the notice to cure the default. Id. In the event defendant failed to cure the default, plaintiff was permitted to obtain judgment for the entire balance owed by defendant, plus court costs, less any payments made to date. Id. The parties agreed that the court would retain jurisdiction to enforce the settlement pursuant to CCP § 664.6. Id., p. 5, ¶ c(4).

Defendant has paid a total of $11,825.00 toward the settlement amount and has failed to make payments on the remaining settlement balance. Motion, Penuela Decl., ¶ 7. Plaintiff’s counsel sent a letter via email to defendant informing her of her defaulted status on February 28, 2020. Id., ¶ 8, Ex. C. To date, defendant has failed to cure the default. Id., ¶ 9.

As defendant has defaulted, plaintiff is entitled to judgment pursuant to the stipulation.

Accordingly, the motion for order vacating dismissal and entering judgment against defendant pursuant to CCP § 664.6 is granted. The dismissal entered on March 29, 2018 is vacated. Judgment is entered against defendant Esther L. Ochoa aka Esther L. Lagunaoachoa aka Esther Laguna, Ochoa Esther Laguna in the amount of $25,376.79 ($24,796.79 principal, plus $580.00 costs).

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