Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
24CV019087: CAPITAL ONE N.A. vs SANDOVAL MARTINEZ 07/22/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D
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 8D Oral Argument Request Line at (916) 874-7719 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 8D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16113421868 and the Zoom Meeting ID is 161 1342 1868. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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.
24CV019087: CAPITAL ONE N.A. vs SANDOVAL MARTINEZ 07/22/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D
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 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ***
TENTATIVE RULING:
Plaintiff Capital One, N.A.s (Plaintiff) motion to vacate dismissal and enter judgment under terms of stipulated settlement is UNOPPOSED and GRANTED. Plaintiffs unopposed request for judicial notice is GRANTED for the purposes appropriate for judicial notice.
Plaintiff and Defendant Mirian Y Sandoval Martinez (Defendant) entered into a written Stipulation Agreement wherein Defendant promised to pay $5,383.23 in monthly payments commencing in October 2024. (Defs RJN, Exh. B [Stipulation], ¶¶ 1, 2, 4.) Pursuant to the Stipulation, in the event that Defendant fails to timely make payments as required, judgment shall be entered against Defendant in the full remaining balance due, plus court costs. (Stipulation, ¶ 4.) The parties jointly requested that the Court retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the Stipulation (Id., ¶ 7) and requested that the case be dismissed without prejudice on November 6, 2024.
Defendant made payments on the principal amount in the stipulation totaling a credit of $1,400, with the last payment being received on April 16, 2025. (Sherrill Decl., ¶¶ 4, 6.)[1] Plaintiff declares that it has incurred $603.61 in litigation costs, as evidenced by its Memorandum of Costs. (Id., ¶ 7.) Plaintiff does not seek pre-judgment interest.
Plaintiff now moves to set aside the dismissal and enter judgment for Plaintiff in the amount of $4,586.84 pursuant to the Stipulation.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV019087: CAPITAL ONE N.A. vs SANDOVAL MARTINEZ 07/22/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D
Code of Civil Procedure section 664.6 provides:
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. If the parties to the settlement agreement or their counsel stipulate in writing or orally before the court, the court may dismiss the case as to the settling parties without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.
Thus, section 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to settlement. The Courts inquiry in ruling on a motion for judgment pursuant to section 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. v. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 118283.)
As Plaintiffs moving papers show, the parties agreed that Defendants default would result in Plaintiff obtaining judgment against Defendant. Plaintiff has presented evidence that Defendant defaulted on the payment obligations under the Stipulation. The principal amount remaining $3,983.23 ($5,383.23 $1,400) plus costs of $603.61 totals $4,586.84.
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. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.)
Accordingly, Plaintiff is entitled to entry of a judgment such that that motion is granted.
The Court will sign the proposed order and judgment.
[1] Sherill declares that Defendant has paid a total of $1,300, but the Stipulation also
shows that Defendant received an additional $100 credit for payment received after the date of filing the complaint and prior to entry of the stipulation. (Stipulation, ¶ 1.) This is consistent with Defendants request for the amount of entry of judgment.