Motion to Vacate Dismissal and Enter Judgment
CASE NUMBER: 25CVG-02325 Tentative Ruling on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement: Plaintiff JPMorgan Chase Bank, N.A. seeks to vacate the dismissal entered on January 13, 2026 and enforce the Stipulation Agreement filed on January 5, 2026. Despite being properly noticed, Defendant Derek Renshaw did not file an Opposition.
Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Stipulation Agreement filed in this matter on January 5, 2026. The request is granted pursuant to Evid. Code §§ 452(d) and 453.
Merits. CCP § 664.6 provides the Court with authority, upon motion, to enter judgment pursuant to the terms of a settlement agreement entered into in writing. If requested by the parties, the Court also retains jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Id.
The Stipulation Agreement filed with the Court on January 5, 2026 was executed by both parties. The terms of the agreement are straightforward. The parties stipulated to a judgment of $5,695.43 which is the principal amount. No costs were part of the agreement. The agreement calls for a payment of $470.43 on or before December 3, 2025, followed by minimum monthly payments of $475.00 on or before the fifteenth stating January 15, 2026. The parties also agreed that following the dismissal, Plaintiff may reopen the case to enter judgment in the event of Defendant’s failure to comply with the terms of payment described in the agreement.
The declaration of attorney Anthony DiPiero establishes that Defendant has paid a total of $1,420.43, which appears to be the payments due in December, January, and February. Defendant has not made a payment since February 15, 2026. Plaintiff has sufficiently shown that Defendant breached the terms of the agreement by failing to make payments as owed. Plaintiff requests entry of judgment in the amount of $4,275.00 which consists of the remaining principal.
The Motion is GRANTED. The dismissal is set aside and Judgment for the Plaintiff will be entered in the amount of $4,275.00. Plaintiff provided a proposed Order and proposed Judgment, both of which will be modified to reflect the Court’s ruling.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
UMPQUA BANK VS. SABET, ET AL.