JPMORGAN CHASE BANK N.A. vs QUIGLEY

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 Court’s 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 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 be forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING:

The motion of JPMorgan Chase Bank, N.A. (“Plaintiff”) to vacate the prior order of dismissal and enter judgment pursuant to Code of Civil Procedure § 664.6 in Plaintiff’s favor and against Defendant Jamie Quigley (“Defendant”) is UNOPPOSED and GRANTED.

This is a collections action.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV016537: JPMORGAN CHASE BANK N.A. vs QUIGLEY 07/15/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulation Settlement in Department 8C

On or about October 28, 2024, the parties stipulated to settlement of this action and agreed that the Court would retain jurisdiction to enforce its terms. (Decl. of Brian Langedyk ISO Mot. (“Langedyk Decl.”) ¶ 2; Req. for Judicial Not., Ex. A.[1]) The written settlement agreement, captioned “Stipulation Agreement,” provided, among other things, that an agreed judgment in the sum of $11,894.06 would not be entered against Defendant so long as Defendant paid to Plaintiff one (1) payment of $238.06 on or before October 28, 2024, and forty-seven (47) payments of $248.00 on before the 27th day of November, beginning in November of 2024. (Stipulation Agreement at p. 2.)

The Stipulation Agreement further provided that if Defendant failed to make full and timely payment of any installment, or if any payment was reversed, then Defendant would be deemed in default and the full remaining balance of Plaintiff’s claim would be due and owing. (Stipulation Agreement at p. 2.) In the event of such default, the parties agreed that the Court was authorized to enter judgment in favor of Plaintiff and against Defendant in the amount of $11,894.06, less payments received. (Ibid.)

The Stipulation Agreement was filed with this Court on December 17, 2024, after which the Court dismissed the case without prejudice, and retained jurisdiction pursuant to California Code of Civil Procedure section 664.6. (Request for Dismissal, Dec. 17, 2024.)

Defendant has defaulted on the terms of the Stipulation Agreement, (see Langedyk Decl. ¶ 4), and Plaintiff now asks the Court to set aside the dismissal without prejudice, resume jurisdiction, and enter judgment pursuant to the terms of the Stipulation Agreement in the amount of $10,416.00.

“If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6, subd. (a).)

The evidence presented and the records in this action support that the parties entered a written settlement and that the Court retained jurisdiction to enforce the settlement by entering a stipulated judgment in Plaintiff’s favor.

Further, Defendant does not oppose the motion. The Court construes Defendant’s

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV016537: JPMORGAN CHASE BANK N.A. vs QUIGLEY 07/15/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulation Settlement in Department 8C

failure to oppose the motion as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion, “it is assumed that [nonmoving party] concedes” that ground].)

For the stated reasons, the motion is GRANTED. The December 17, 2024 Dismissal is VACATED, and judgment shall be entered in favor of Plaintiff and against Defendant in the sum of $10,416.00, which represents the principal sum owed. Plaintiff is not seeking court costs.

The Court will sign the proposed order and separate proposed judgment that were submitted with the moving papers.

[1] Plaintiff’s request that the Court take judicial notice of the parties’ Stipulation Agreement, which was filed in this action on December 17, 2024, is unopposed and granted.