Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
24CV023556: JPMORGAN CHASE BANK N.A. vs FREEMAN 07/07/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16D
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
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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 Courts 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
24CV023556: JPMORGAN CHASE BANK N.A. vs FREEMAN 07/07/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16D
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 forward the form to the Court Reporters 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 IN SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D 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. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
The notice of motion does not provide the correct address for this Courts Dept. 53, which is now designated as Dept. 16D.
The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the exact title of each document being served.
Plaintiffs motion to vacate the 6/13/2025 dismissal without prejudice and to enforce pursuant to Code of Civil Procedure §664.6 the written settlement agreement with defendant in pro per Freeman is UNOPPOSED and GRANTED, as follows.
Factual Background
This is an action to collect over $10,100 which is owed on defendants credit card account. The parties previously negotiated a settlement which was memorialized in writing signed by both parties, requiring defendant to make monthly installment payments to plaintiff totaling $7,420 and if defendant defaulted, plaintiff would be entitled to a judgment for the full amount of damages alleged in the complaint (reduced by any installment payments made).
According to the moving papers, defendant made several payments totaling $5,653 pursuant to the settlement agreement but thereafter defaulted on the installment payment obligations, failing to come current on such settlement obligations. Plaintiff now moves to enforce the written settlement pursuant to Code of Civil Procedure §664.6. In particular, plaintiff seeks entry of judgment against defendant in the principal
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV023556: JPMORGAN CHASE BANK N.A. vs FREEMAN 07/07/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16D
amount of $4,598.38 (after crediting defendant for past payments).
Discussion
The Court finds that plaintiff has satisfied the requirements of Code of Civil Procedure §664.6 and is entitled to the relief requested here. Accordingly, coupled with the lack of opposition which is construed as a concession on the merits of this motion (see, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4), the present motion shall be GRANTED.
Having received no objection thereto, the Court will sign the proposed order and judgment submitted with the moving papers.
Moving party to provide notice of this ruling and file proof of service of same within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)