Motion for Order Setting Aside and Vacating Its Prior Order of Dismissal and for Entry of Judgment Pursuant to Stipulation of the Parties
23CV002030: BANK OF AMERICA N A vs GONZALEZ, et al. 07/16/2026 Hearing on Motion for Order Setting Aside and Vacating Its Prior Order of Dismissal and for Entry of Judgment Pursuant to Stipulation of the Parties 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 Department 16D Oral Argument Request Line at (916) 874-3056 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.
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The Department 16D Zoom Link is https://saccourt-cagov.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
23CV002030: BANK OF AMERICA N A vs GONZALEZ, et al. 07/16/2026 Hearing on Motion for Order Setting Aside and Vacating Its Prior Order of Dismissal and for Entry of Judgment Pursuant to Stipulation of the Parties in Department 16D
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 forward the form to the Court Reporters Office and an official reporter will be provided.
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. ***
TENTATIVE RULING: Plaintiff Bank of America, N.A.s unopposed motion to vacate dismissal and enter judgment pursuant to CCP § 664.6 is granted.
Plaintiff seeks to vacate a dismissal without prejudice entered on January 22, 2025 and to have judgment entered pursuant to CCP § 664.6. The dismissal states that it is without prejudice and that the Court retains jurisdiction pursuant to California Code of Civil Procedure section 664.6.
CCP § 664.6 provides: If parties to pending litigation stipulate, in a writing signed by the parties outside 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. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.
Thus, § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court's inquiry in ruling on a motion for judgment pursuant to CCP §664.6 is generally limited to a determination of whether the parties entered into a valid and binding settlement, and the material terms thereof. (Viejo Bancorp, Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182-83.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV002030: BANK OF AMERICA N A vs GONZALEZ, et al. 07/16/2026 Hearing on Motion for Order Setting Aside and Vacating Its Prior Order of Dismissal and for Entry of Judgment Pursuant to Stipulation of the Parties in Department 16D
Plaintiffs moving papers are sufficient to show the terms of the settlement between Plaintiff and Defendant Cesar Gonzalez. (Forbes Decl. ¶ 3.) Defendant agreed to make payments to Plaintiff until the judgment amount was paid in full. Defendant agreed that in the event of default Plaintiff would be entitled to judgment in the sum of $23,920.50 plus costs less amounts received. (Id. ¶¶ 3-6; Exh 1.) Defendant defaulted on the payments after making payments totaling $19,500. (Id. ¶ 6, Exh. 2.) Defendant has not cured the default and there is a balance of $4,890.96 owed. (Id. ¶ 7.)
No opposition was filed to this motion. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
As a result, the Court grants the motion to vacate the dismissal and to enter judgment pursuant to CCP § 664.6. The judgment shall be for $4,890.96.
The Court will sign the proposed order and the proposed judgment.