MOTION TO VACATE DISMISSAL UNDER C.C.P. § 664.6 & ENTER JUDGMENT PURSUANT TO STIPULATION
June 9, 2026 Law and Motion Calendar PAGE 3 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________
2:00 PM LINE 2 22-CLJ-01427 WELLS FARGO BANK, N.A. VS. NAPOLEON ESPARRAGO
WELLS FARGO BANK, N.A. DAVID J. BROOKS NAPOLEON ESPARRAGO PRO SE
MOTION TO VACATE DISMISSAL UNDER C.C.P. § 664.6 & ENTER JUDGMENT PURSUANT TO STIPULATION
TENTATIVE RULING:
For the reasons stated below, plaintiff Wells Fargo Bank N.A.’s unopposed “Motion to Vacate Dismissal Under C.C.P. § 664.6 & Enter Judgment Pursuant to Stipulation,” filed March 2, 2026, is GRANTED-in-part. (Code Civ. Proc., § 664.6.)
Background. This is a collections case. Plaintiff Wells Fargo N.A.’s Complaint seeks collection of an alleged $21,976.26 debt. After plaintiff filed the case, the parties entered into a written settlement agreement (Stipulation) stating that defendant agreed to pay to plaintiff the full amount owed of $21,976.26, pursuant to a payment plan. The Stipulation provided that in the event of defendant’s default in the payments, pursuant to Code of Civil Procedure section § 664.6, plaintiff would be entitled to entry of Judgment in the amount of $21,976.26, minus any payment made per the Stipulation, plus costs.
With this motion, plaintiff has provided evidence that after signing the Stipulation, defendant made a series of payments, totaling $15,548.72, but thereafter breached the Stipulation by failing to make the remaining payments. Accordingly, plaintiff seeks to have the case dismissal vacated, and to have the court enter a judgment for plaintiff, per the parties’ Stipulation.
Plaintiff served the Motion on Defendant, and the Motion is unopposed.
Application/Ruling. The Motion is GRANTED-in-part. Code of Civil Procedure section 664.6 states, in part:
(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of 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.
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(Code Civ. Proc., § 664.6.) Plaintiff’s moving papers demonstrate compliance with Code of Civil Procedure section 664.6. (See March 2, 2026 Declaration of Edgar Lopez.) The moving papers establish that defendant, in breach of the parties’ Stipulation, failed to make all required payments under the parties’ Stipulation. Accordingly, plaintiff is entitled to entry of a money
June 9, 2026 Law and Motion Calendar PAGE 4 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________ judgment in plaintiff’s favor, and against defendant Napolean Esparrago, in the amount of $6,872.54, calculated as follows:
• $21,976.26 settlement amount (see Stipulation) • $15,548.72 total payments made • $6,427.54 balance still owed ($21,976.26 minus $15,548.72); • $370 filing fee • $75 service of process • $6,872.54. TOTAL JUDGMENT
The court notes a minor error in the moving papers. In the motion, and in the March 2, 2026 Declaration of Edgar Lopez, plaintiff states that the parties stipulated to a judgment in the amount of “$21,988.98,” which is incorrect. The correct amount of the stipulated judgment is $21,976.26. (See Lopez Decl., Ex. 1 [Stipulation].) Accordingly, the court grants the motion, but corrects this mistake in the moving papers. Using the correct settlement amount of $21,976.26, plaintiff is entitled to entry of judgment in the amount of $6,872.54.
Conclusion. The motion is granted-in-part. The case dismissal is HEREBY SET ASIDE. Plaintiff Wells Fargo Bank, N.A. is entitled to entry of a judgment in favor of plaintiff and against defendant Napolean Esparrago, in the amount of $6,872.54.
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, counsel for plaintiff shall prepare a written order and proposed judgment, in two separate documents, consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.