Synchrony Bank vs. Sharp, Savanna M

Case No.: VCL299649 Date: July 23, 2026 Time: 8:30 A.M. Dept. 1-The Honorable David C. Mathias Motion: Motion for Entry of Judgment re: Code of Civil Procedure section 664.6 Tentative Ruling: To grant the motion; OSC hearing is dismissed.

Facts In this complaint for open book account, Plaintiff filed a notice of conditional settlement pursuant to a stipulation. Defendant acknowledged being obligated to Plaintiff for the principal amount of $5,319.90 and that this amount would be paid via $100 monthly payments commencing July 4, 2024 and thereafter $344 payments per month. In the event of default, the stipulation indicates that Plaintiff is entitled to entry of judgment for the judgment amount noted above, less any credits, plus costs and fees incurred as to enforcing the terms of the settlement. The stipulation indicates that the Court shall retain jurisdiction under Code of Civil Procedure section 664.6. However, the Court notes that this matter has not been dismissed and the Court has not lost jurisdiction over the parties and this matter.

Plaintiff indicates that Defendant has made payments totaling $1,100.00. Plaintiff, therefore, seeks judgment entered in the amount of $4,642.35 consisting of the principal balance of $5,319.90 less $1,100 in credits plus costs of $422.45.

Authority and Analysis Section 664.6 (a) states: "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 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." "The court's retention of jurisdiction under section 664.6 includes jurisdiction over both the parties and the case itself, that is, both personal and subject matter jurisdiction." (Lofton v.

Wells Fargo Home Mortgage (2014) 230 Cal.App.4 th 1050, 1061.) "Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit." (Osumi v. Sutton (2007) 151 Cal.App.4 th 1355, 1360.)

As indicated above, the Court retains jurisdiction over the parties and this matter and therefore is prepared to "enter judgment pursuant to the terms of the settlement." Defendant appears to have breached the settlement, based upon the declaration of Plaintiff's counsel and the Court, having no opposition, grants the motion and enters judgment in the amount requested of $4,642.35 consisting of the principal balance of $5,319.90 less $1,100 in credits plus costs of $422.45.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings. Re: Capital One N.A. vs. Montejano, Elaine