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This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 00:15:23 (UTC).

AMERICAN EXPRESS CENTURION BANK VS STACY SABINE

Case Summary

On 10/27/2017 AMERICAN EXPRESS CENTURION BANK filed a Contract - Debt Collection lawsuit against STACY SABINE. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The case status is Disposed - Dismissed.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****8069

  • Filing Date:

    10/27/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

AMERICAN EXPRESS CENTURION BANK

Defendants

HESS STACY L

SABINE STACY

SABINEHESS STACY L

HESSABINE STACY L

SABINE STACY L

Attorney/Law Firm Details

Plaintiff Attorney

MICHAEL LINA M.

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 04/30/2018
  • Stipulation; Filed by AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 04/30/2018
  • Order - Dismissal; Filed by AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 03/26/2018
  • at 08:30 AM in Department F47; Case Management Conference (Conference-Case Management; Matter Settled, Hearing Set) -

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  • 03/14/2018
  • Case Management Statement; Filed by AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 02/15/2018
  • Proof of Service (not Summons and Complaint); Filed by AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 02/15/2018
  • Declaration; Filed by AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 02/15/2018
  • Declaration; Filed by AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 11/16/2017
  • Declaration; Filed by AMERICAN EXPRESS CENTURION BANK (Plaintiff)

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  • 10/27/2017
  • Complaint filed-Summons Issued; Filed by null

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  • 10/27/2017
  • Summons; Filed by null

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Tentative Rulings

Case Number: PC058069    Hearing Date: April 15, 2021    Dept: F47

Dept. F-47

Date: 4/15/21

Case #PC058069

MOTION TO VACATE DISMISSAL & ENTER JUDGMENT

Motion filed on 10/29/20.

MOVING PARTY: Plaintiff American Centurion Bank

RESPONDING PARTY: Defendant Stacy Sabine aka Stacy L Sabine aka Stacy L Sabinehess aka Stacy L Hessabine aka Stacy L Hess

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

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 10/27/17, Plaintiff filed this action for common counts book account and quantum meruit seeking damages in the amount of $55,299.19. (Penuela Decl. ¶3). In March 2018, the parties agreed to settle the matter with Defendant agreeing to pay Plaintiff $30,000.00, inclusive of court costs, in monthly payments. (Id. at ¶¶4-5, Ex.A). On 4/30/18, pursuant to the agreement of the parties, the Court dismissed the matter pursuant to CCP 664.6. (Id. at ¶6, Ex.B). Defendant has paid $5,200.00 toward the $30,000.00 settlement amount. (Id. at ¶7). Pursuant to the Stipulation for Conditional Entry of Judgment entered between the parties, on 10/15/20, 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, $55,299.19, minus $5,200.00 for payments made, plus $580.00 in costs for a total judgment in the amount of $50,679.19.

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