Motion to Vacate Dismissal and Enter Judgment Per CCP § 664.6
Tentative Rulings and Resolution Review Hearings June 22, 2026 Department 64
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BARCLAYS BANK VS. WEBB CASE NUMBER: CVG19-0000047 Tentative Ruling on Motion to Vacate Dismissal and Enter Judgment Per CCP § 664.6: Plaintiff Barclays Bank Delaware seeks to vacate the dismissal entered on March 11, 2020, and enforce the Stipulation Agreement filed on February 27, 2020. The motion was timely noticed. Defendant Deb Webb did not file an opposition.
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, or orally before the Court. 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 parties stipulated to settlement in February 2020. The agreement provides that Defendant was to pay $665.00 to Plaintiff monthly. In the event of a default, Defendant is to pay $11,944.49, less payments received, plus costs. The Declaration of Attorney Richard Tang establishes that Defendant has paid $6,015.00 toward the agreed settlement amount and has failed to make a payment since August 16, 2021. The balance now due is $11,502.49 plus costs stipulated-to in the sum of $442.00, plus $80 for fees on this motion, less $6,015.00 paid, for a total judgment of $6,009.49. Plaintiff has presented sufficient evidence that Defendant is in default of the Stipulated Agreement.
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The motion is GRANTED. The dismissal is set aside. Judgment will be entered in the amount of $6,009.49. Plaintiff provided a proposed Order and Judgment that will be executed by the Court.
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