Motion for Order Entering Judgment
American Express National Bank v. James Evarts, 23LCP-0614
Hearing: Motion for Order Entering Judgment
Date: June 16, 2026
American Express National Bank (Plaintiff) filed this credit card collection action against James Evarts (Defendant) on November 13, 2023.
The parties agreed to settle this matter and Plaintiff prepared a Stipulation for Entry of Judgment (Stipulation) containing the terms agreed upon by the parties. (Ren Dec., Ex. A.) On March 12, 2024, Plaintiff filed the Stipulation and a notice of settlement conditioning dismissal on completion of terms.
Based on the settlement, the Court entered an order dismissing the case pursuant to California Rules of Court, rule 3.1385 on March 21, 2024. The order specifies that “the matter is ordered dismissed on 02/26/2026 absent a motion to vacate this order filed prior to that date.” (Order, 3/21/24.) Currently on calendar is Plaintiff’s request for entry of judgment pursuant to Code of Civil Procedure section 664.6.
Pursuant to the agreement, Defendant agreed to pay Plaintiff the total of $5,291.81 in monthly payments. (Id., ¶ 6, Ex. A.) The stipulation indicated that judgment was to be entered upon default of payments stating that:
Time is of the essence of this Stipulation For Entry of Judgment Pending Performance Pursuant to Code of Civil Procedure 664.6, and should Defendant(s) fail to make any payment on or before the stated due date, then Plaintiff shall immediately be free to pursue all available remedies including but not limited to Code of Civil Procedure section 664.6, and to file a Motion, Ex Parte Application, Declaration and Order and/or a new lawsuit to vacate any dismissal and to have judgment entered against Defendant for $7,027.63 plus Court costs, less any amounts received by Plaintiff from Defendant.
(Ren Dec., ¶ 6, Ex. A, p. 2, ll. 18-25.)
Defendant has made payments in the amount of $3,307.31 toward the settlement agreed but defaulted in the payment agreement. (Ren Dec., ¶ 7.) Because Defendant is in default, Plaintiff seeks to have judgment entered pursuant to the stipulation. The motion was served on Defendant’s counsel named in the stipulation. No opposition has been filed.
Plaintiff seeks judgment in the amount of $3,720.32, plus costs of suit. Plaintiff filed a memorandum of costs showing $361.21 in costs for filing and motion fees, service of process fees, and for electronic filing/service fees.
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Code of Civil Procedure section 664.6 provides:
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.
Here, the Stipulation was signed by the parties during pending litigation and requested that the Court retain jurisdiction to enforce the parties’ agreement. In light of these facts, and absent opposition, the motion is granted. The Court enters judgment in favor of Plaintiff and against Defendant in the amount of $4,081.53 [principal sum of $3,720.32 plus costs of $361.21].
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