Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
Superior Court of the State of California County of Orange
DEPT C20 TENTATIVE RULINGS
Judge Theodore Howard
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Date: June 18, 2026
# Capital One Bank (USA), Before the Court is the unopposed Motion to Vacate Dismissal and 1. N.A. v. Eckburg Enter Judgment Under Terms of Stipulated Settlement filed by Plaintiff 17-922905 Capital One Bank (USA), N.A. (“Plaintiff”) against Defendant Caren Eckburg (“Defendant”). As more fully set forth below, the motion is CONTINUED to a date to be determined at the hearing.
Plaintiff has demonstrated that the parties entered into a valid and binding written Settlement Agreement pursuant to Code of Civil Procedure section 664.6. (Declaration of Anthony DiPiero, ¶ 2; RJN, Ex. B.) Under the terms of the Settlement Agreement, Defendant stipulated to entry of judgment in favor of Plaintiff in the principal amount of $30,105.12, plus specified court costs, less credit for payments made prior to default. (Settlement Agreement, ¶¶ 1-2.) The parties further agreed that the Court would retain jurisdiction to enforce the agreement pursuant to Code of Civil Procedure section 664.6 and that, upon Defendant’s default, Plaintiff could seek to vacate any dismissal and obtain entry of judgment pursuant to the agreement. (Id., ¶ 5.)
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The motion and supporting declaration establish that Defendant defaulted under the payment arrangement set forth in the Settlement Agreement. Plaintiff's counsel declares that Defendant's last payment was received on April 17, 2026, that Defendant was provided ten days' written notice of default and Plaintiff’s intent to seek entry of judgment, and that Defendant has paid a total of $20,600.00 toward the settlement obligation. (DiPiero Decl., ¶¶ 4-6.) After crediting those payments, Plaintiff seeks the remaining principal balance of $9,505.12, plus recoverable court costs of $989.50, for a total judgment of $10,494.62. (Id., ¶ 7.)
However, the proof of service accompanying the notice of default reflects that the notice was mailed to Defendant at 1226 Lima Circle, Placentia, California 92870-4226. (DiPiero Decl., ¶ 5, Ex. A.) The Settlement Agreement provides that notice shall be mailed to Defendant at 3845 Singingwood Drive, Yorba Linda, California 92886- 6909, or to a corrected address provided by Defendant. (Settlement Agreement, ¶ 9.) Plaintiff does not explain the discrepancy between the address specified in the Settlement Agreement and the address used for service of the notice of default, nor does Plaintiff provide evidence that Defendant designated the Placentia address as a corrected address. (See DiPiero Decl., ¶ 5; Ex. A.)
Accordingly, the present record does not sufficiently establish compliance with the notice provision set forth in paragraph 9 of the Settlement Agreement. (Settlement Agreement, ¶ 9; DiPiero Decl., ¶ 5, Ex. A.) The motion is therefore CONTINUED to permit Plaintiff to submit supplemental evidence establishing that the Placentia address was Defendant’s corrected address or otherwise demonstrating compliance with paragraph 9 of the Settlement Agreement.
Plaintiff is ordered to file and serve a supplemental declaration no later than nine court days before the continued hearing date.
Plaintiff is ordered to give notice of this ruling.