Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
25CV011887: PORTFOLIO RECOVERY ASSOCIATES LLC vs JIMENEZ 07/23/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement 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.
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 16D Zoom Link is https://saccourt-ca-gov.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 list.
25CV011887: PORTFOLIO RECOVERY ASSOCIATES LLC vs JIMENEZ 07/23/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16D
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.
****NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE.*****
TENTATIVE RULING:
Plaintiff Portfolio Recovery Associates, LLCs (Plaintiff) motion for entry of judgment pursuant to Code of Civil Procedure section 664.6 is UNOPPOSED and GRANTED.
This is a debt collection action. Plaintiff and Defendant Mona Jimenez (Defendant) executed a written stipulation agreement in April 2025 (Stipulated Agreement). (RFJN, Ex. B, Stipulated Agreement.) Under the terms of the Stipulated Agreement, the parties agreed Plaintiff was entitled to a judgment consisting of a principal amount owed of $2,607.76 plus court costs incurred by Plaintiff. (Stipulated Agreement, ¶ 1.) Judgment would not be entered so long as Defendant paid the total agreement amount of $2,607.76, including a minimum payment of $50.00 on or before the 1st day of each and every month commencing in September 1, 2025; followed by a minimum of $101.00 on or before the 1st day of each and every month commencing in May 1, 2027; followed by a final payment of $92.76 on or before August 1, 2028. (Id., ¶ 4.)
If all payments were timely made, Plaintiff would dismiss this action with prejudice. (Id., ¶ 8.) If Defendant defaulted, Plaintiff would be entitled to file a motion to enter judgment in the full judgment amount plus court costs, less any payments made. (Id., ¶ 4.) The stipulation appears to allow costs to be sought simultaneously with the motion seeking entry of judgment as opposed to through the post-judgment memorandum of costs procedure set forth in the California Rules of Court. (Ibid.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV011887: PORTFOLIO RECOVERY ASSOCIATES LLC vs JIMENEZ 07/23/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16D
Defendant has defaulted on the Stipulated Agreement. (Declaration of Smita Suman, ¶ 4.) At the time of default, Defendant had paid $151.00. (Id., ¶ 6.) Thus, the outstanding principal balance has been reduced to $2,456.76. (Id., ¶ 7.)
Plaintiff now moves for entry of judgment pursuant to Section 664.6.
Code of Civil Procedure section 664.6 provides, in relevant part:
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.
Plaintiff has presented the terms of a written stipulated agreement, including the terms of judgment relating to default, and the facts relating to the default under the terms of the agreement.
Defendant did not file an opposition to the instant 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.)
Since Defendant has defaulted on the Stipulated Agreement, Plaintiffs motion is GRANTED in accordance with the terms of the Settlement Agreement.
Pursuant to the above, judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $2,972.37, representing the judgment amount of $2,607.76, plus $515.61 in court costs and service costs, less $151.00 in payments made.
The Court will sign the proposed order and proposed judgment submitted with the moving papers.