On 08/14/2017 BANK OF AMERICA N A filed a Contract - Debt Collection lawsuit against PETER T KIM. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DALILA CORRAL LYONS, DEBRE K. WEINTRAUB and DANIEL S. MURPHY. The case status is Disposed - Dismissed.
****2115
08/14/2017
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
DALILA CORRAL LYONS
DEBRE K. WEINTRAUB
DANIEL S. MURPHY
BANK OF AMERICA N.A.
KIM PETER T
DOES 1 TO 10
NELSON & KENNARD
3/9/2018: Minute Order
1/5/2018: Unknown
1/9/2018: Minute Order
1/24/2018: NOTICE OF SETTLEMENT OF ENTIRE CASE
11/14/2017: Minute Order
11/14/2017: Unknown
10/5/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
9/12/2017: DECLARATION OF NON SERVICE
8/29/2017: NOTICE OF RECUSAL
8/23/2017: Minute Order
8/17/2017: Minute Order
8/14/2017: SUMMONS
8/14/2017: COMPLAINT-CONTRACT
at 08:30 AM in Department 32; (OSC-Failure to File Request for Dism; Order of Dismissal) -
Minute Order
Notice of Settlement; Filed by Bank of America, N.A. (Plaintiff)
NOTICE OF SETTLEMENT OF ENTIRE CASE
at 08:30 AM in Department 32; Case Management Conference (Conference-Case Management; Case Deemed Settled) -
Minute Order
CASE MANAGEMENT STATEMENT
at 08:30 AM in Department 32; Case Management Conference (Conference-Case Management; Continued by Court) -
CASE MANAGEMENT STATEMENT
Minute Order
Declaration; Filed by Bank of America, N.A. (Plaintiff)
Notice; Filed by Bank of America, N.A. (Plaintiff)
NOTICE OF RECUSAL
at 00:00 AM in Department 1; (Order ReReassignment of Case; Case is reassigned) -
Minute Order
at 5:30 PM in Department 20; (Recusal; Case is reassigned) -
Minute Order
COMPLAINT-CONTRACT
Complaint; Filed by Bank of America, N.A. (Plaintiff)
SUMMONS
Case Number: BC672115 Hearing Date: November 20, 2019 Dept: 32
|
bank of america, n.a., Plaintiff, v.
PETER T. KIM, et al. Defendants. |
Case No.: BC672115 Hearing Date: November 20, 2019
[TENTATIVE] order RE: MOTION to set aside dismissal and enter judgment pursuant to settlement |
|
|
|
BACKGROUND
Plaintiff Bank of America, N.A. (“Plaintiff”) commenced this action against Defendant Peter T. Kim (“Defendant”) on August 14, 2017. The Complaint asserts a single cause of action for common counts.
On January 24, 2018, Plaintiff filed a notice of settlement of the entire case. On March 9, 2018, the Court granted Plaintiff’s oral motion to dismiss the case without prejudice and agreed to retain jurisdiction to enforce the parties’ settlement pursuant to CCP section 664.6.
LEGAL STANDARD
“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.” (CCP § 664.6.)
Under CCP section 664.6, “even though a settlement may call for a case to be dismissed, or the plaintiff may dismiss the suit of its own accord, the court may nevertheless retain jurisdiction to enforce the terms of the settlement, until such time as all of its terms have been performed by the parties, if the parties have requested this specific retention of jurisdiction.” (Wackeen v. Malis (2002) 97 Cal.App.4th 429, 439.)
ANALYSIS
Plaintiff moves to set aside the dismissal and for entry of judgment in its favor in the sum of $13,492.12.
Plaintiff submits the following evidence. On December 26, 2017, the parties entered into a settlement agreement. (Sleezer Decl. ¶ 2, Ex. 1.) The settlement agreement provided, among other things, that judgment in the sum of $25,602.12 would not be entered against Defendant so long as Defendant agreed to pay Plaintiff an initial sum of $3,000 on or before November 17, 2017, monthly payments of $655 beginning December 30, 2017 and continuing through August 30, 2019, and a final payment of $310 on September 30, 2019. (Ibid.) The parties agreed that, in the event of Defendant’s default, the Court would be authorized to immediately enter judgment in Plaintiff’s favor in the full amount owed, excluding payments received but including court costs incurred in obtaining judgment. (Sleezer Decl. ¶ 3.)
On February 30, 2019, Defendant defaulted on the settlement agreement by failing to make the payment then due and owing. (Sleezer Decl. ¶ 4, Ex. 2.) To date, Defendant has paid $12,170, and Plaintiff has incurred court costs of $567. (Sleezer Decl. ¶ 7.) Under the terms of the settlement agreement, the total amount owed by Defendant to Plaintiff is $13,492.12. (Ibid.)
Based on this uncontested evidence, Plaintiff has established Defendant’s breach of the parties’ settlement agreement and the amount which Defendant presently owes Plaintiff.
Accordingly, Plaintiff’s motion is GRANTED. The Court hereby sets aside the dismissal and enters judgment against Defendant in the sum of $13,492.12.