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.
Disposed - Dismissed
Los Angeles County Superior Courts
Los Angeles, California
RAMONA G. SEE
AMERICAN EXPRESS CENTURION BANK
OCHOA ESTHER L.
LAGUNAOACHOA ESTHER L.
DOES 1 THROUGH 20
LAGUNA OCHOA ESTHER
MICHAEL & ASSOCIATES PC
Court documents are not available for this case.
at 08:30 am in Department M, Ramona G. See, Presiding; Court Order - CompletedRead MoreRead Less
Notice of Settlement; Filed by Attorney for PlaintiffRead MoreRead Less
Order (DISMISSING CASE PURSUANT TO CCP 664.6 IS SIGNED ); Filed by Attorney for PlaintiffRead MoreRead Less
Declaration ( OF H. FREDERICK SEIGENFELD RE: STATUS OF DISMISSAL AFTER SETTLEMENT ); Filed by Attorney for PlaintiffRead MoreRead Less
Statement-Case Management; Filed by Attorney for PlaintiffRead MoreRead Less
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 PlaintiffRead MoreRead Less
OSC-RE Other (Miscellaneous); Filed by ClerkRead MoreRead Less
Complaint Filed; Filed by Attorney for PlaintiffRead MoreRead Less
Summons Filed; Filed by Attorney for PlaintiffRead MoreRead Less
Notice-Case Management Conference; Filed by ClerkRead MoreRead Less
Case Number: YC072329 Hearing Date: December 01, 2020 Dept: M
Superior Court of California
County of Los Angeles
Torrance Dept. M
AMERICAN EXPRESS CENTURION BANK,
ESTHER L. OCHOA, et al.,
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.
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.
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.
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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