WELLS FARGO BANK, N.A. VS. PATRICIA J. FERNANDEZ

July 15, 2026 LAW AND MOTION CALENDAR JUDGE NICOLE S. HEALY, DEPARTMENT 28 ________________________________________________________________________

02:00 PM LINE 2 23-CLJ-05839 WELLS FARGO BANK, N.A. VS. PATRICIA J. FERNANDEZ

WELLS FARGO BANK, N.A. ASHLEY MULHORN PATRICIA J. FERNANDEZ

Plaintiff Wells Fargo Bank, N.A.’s Motion to Vacate Dismissal Under C.C.P. § 664.6 and Enter Judgment Pursuant to Stipulation

TENTATIVE RULING:

Plaintiff Wells Fargo Bank, N.A.’s unopposed motion to vacate dismissal and enter judgment pursuant to the parties’ stipulation against defendant Patricia J. Fernandez is GRANTED.

Under Code of Civil Procedure, section 664.6, the court retains jurisdiction in a case pending full performance of the terms of a written settlement agreement and such agreement may then be enforced upon motion of the aggrieved party.

The parties entered into a stipulated settlement agreement which was filed with the court on April 4, 2024. A copy of the agreement is attached as Exhibit 1 to the Declaration of plaintiff’s counsel Edgar B. Lopez, Esq., filed in support of the instant motion, which provides that judgment in the sum of $14,548.24 would not be entered against defendant so long as defendant made monthly payments to plaintiff until defendant paid judgment amount in full. (Lopez Decl. exh. 1, ¶¶ 2 & 3.) In the event of default, the parties agreed that the court was authorized to enter judgment in favor of the plaintiff and against defendant in the amount of $14,548.24, plus costs, minus credit for any payments actually made pursuant to the Stipulation. (Id., ¶ 8, exh. 1, ¶ 8.)

Defendant defaulted after making payments totaling $8,548.24. (Id., ¶ 5.) Plaintiff notified her in writing of the default on or about December 30, 2024 and provided her seven days to cure the default pursuant to their agreement. (Id., ¶ 6, exh. 1, ¶ 10.)

Defendant’s default is uncontroverted thus the court finds that plaintiff establishes being entitled to a judgment of $6,445 under the terms of the parties’ settlement agreement (the principal sum of $14,548.24, plus costs of $445, minus credit of $8,548.24 for payments made.)

Judgment in the amount of $6,445 shall be entered against defendant and payable upon entry of this order.

If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, plaintiff’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to