Amended Motion to Vacate Dismissal and Enter Judgment (Code of Civil Procedure Section 664.6)
JPMorgan Chase Bank, N.A. v. Zach Manzano, 21LCP-0428
Hearing: Amended Motion to Vacate Dismissal and Enter Judgment (Code of Civil Procedure Section 664.6)
Date: July 14, 2026
JPMorgan Chase Bank, N.A. (Plaintiff) filed this collection action on July 15, 2021, against Zach Manzano (Defendant). On August 23, 2021, the parties submitted a stipulation reporting they had reached a settlement and requesting that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6). On August 30, 2021, the Court approved the parties’ settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6.
Plaintiff now moves to vacate the dismissal on grounds of default and to enter judgment under the terms of the stipulated settlement. Plaintiff served the motion and notice of the motion and hearing date on Defendant and no opposition is on file.
Defendant defaulted on the payment agreement set forth in the parties’ stipulation; the last payment received was on November 25, 2023. (Declaration of Donald Sherrill (Sherrill Dec.), ¶ 4, Ex. A [stipulation agreement].) To date Defendant has paid $4,922.78 out of the principal sum of $9,522.78. (See Id., ¶¶ 5, 6; Not Mot., p. 2, l. 3.) Consistent with the order approving settlement agreement, Plaintiff provided a declaration in support of this motion, under penalty of perjury, setting forth the default and balance due under the terms of the stipulation. (Order, 8/30/21, p. 2, ll. 4-6.)
Plaintiff now requests judgment in the total amount of $4,600.00, reflecting principal in the amount of $4,600.00 and court costs in the amount of $0.00. (Sherrill Dec., ¶ 6.)
Plaintiff’s motion is granted.
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