CAPITAL ONE, N.A. vs TRAN

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION***

Plaintiff Capital One, N.A.’s (“Plaintiff”) motion to enter judgment pursuant to stipulation is UNOPPOSED and GRANTED.

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendant and advise of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or in person.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV024378: CAPITAL ONE, N.A. vs TRAN 06/15/2026 Hearing on Motion for Stipulated Judgment in Department 8C

“If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.” (Code Civ. Proc. § 664.6(a).)

This is a debt collection action. Plaintiff and Defendant in pro per Emily Tran (“Defendant”) executed a written settlement agreement. (Dawson Decl., Exh. 1 (hereafter, “Settlement Agreement”).)

Under the terms of the Settlement Agreement, the parties agreed that as of November 5, 2025, Defendant was indebted to Plaintiff in the amount of $10,075.91 plus court costs and that Plaintiff was entitled to entry of judgment in this amount. (Settlement Agreement, ¶¶ 2-3.) Judgment would not be entered so long as Defendant did not default on the terms of the Settlement Agreement. (Id. at ¶ 3.) Defendant was to pay the settlement amount in monthly installment payments as follows: (1) one payment of $168.00 due on or before November 14, 2025; (2) 58 consecutive monthly payments of $168.00 beginning on December 25, 2025 and continuing on the same day each month thereafter; and (3) a final payment of $163.91 due on or before October 25, 2030. (Id. at ¶ 4.)

If Defendant defaulted, Plaintiff would be entitled to file a motion to enter judgment in the full indebted amount of $10,075.91, plus court costs already incurred, plus additional court costs incurred in obtaining the judgment, less any payments made. (Ibid.)

Defendant has failed to make any payments on the Settlement Agreement and has thus defaulted. (Dawson Decl., ¶¶ 6-7.) Since Defendant has defaulted on the Settlement Agreement, Plaintiff’s motion is GRANTED.

Judgment shall be entered in the amount of $10,544.91, representing the agreed upon indebted amount of $10,075.91, plus court costs of $469.00. (Dawson Decl., ¶ 8.) Since Defendant has not made any payments, no credit shall be applied.

The Court will sign the proposed order and proposed judgment submitted with the moving papers. Plaintiff shall provide notice of entry of the order and judgment.