Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
24CV005652: BANK OF AMERICA N.A. vs WAYMIRE 07/27/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
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 8C Oral Argument Request Line at (916) 874-8380 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.
Any hearing on this matter will be held by the Hon. Thadd A. Blizzard in Department 11B of the Tani G. Cantil-Sakauye Courthouse located at 500 G Street Sacramento, CA. The Zoom Link for Department 11B is https://saccourt-ca-gov.zoomgov.com/j/16090961628 and the Zoom Meeting ID is 160 9096 1628. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Although any hearing on this matter will be held in Department 11B, you must call the Department 8C Oral Argument Request Line provided above to request argument.
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
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24CV005652: BANK OF AMERICA N.A. vs WAYMIRE 07/27/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
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.
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.
TENTATIVE RULING
***NOTICE: THIS MATTER WILL BE HEARD IN DEPARTMENT 11B OF THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. PARTIES APPEARING REMOTELY VIA ZOOM SHOULD ENSURE THAT THEY ARE USING THE CORRECT ZOOM LINK AND/OR ZOOM MEETING ID FOR DEPARTMENT 11B, WHICH ARE PROVIDED ABOVE.***
Plaintiff Bank of America, N.A.s (Plaintiff) motion to vacate dismissal and enter judgment under terms of stipulated settlement is UNOPPOSED and GRANTED.
Plaintiffs request for judicial notice is granted.
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(a).)
This is a debt collection action. Plaintiff and Defendant in pro per Jesse C. Waymire (Defendant) executed a written settlement agreement in July of 2024. (Sherrill Decl., ¶ 2; RJN Exh. B (hereafter, Settlement Agreement).) On August 16, 2024, this action was dismissed with the Court retaining jurisdiction pursuant to Code of Civil Procedure section 664.6.
Under the terms of the Settlement Agreement, the parties agreed Plaintiff was entitled to a judgment of $18,402.48 representing a principal amount owed of $17,588.87 and court costs of $813.61. (Settlement Agreement, ¶ 1.) Judgment would not be entered so long as Defendant paid
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV005652: BANK OF AMERICA N.A. vs WAYMIRE 07/27/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8C
a total of $18,402.48 in monthly installments as follows: (1) $307.00 on or before the 15th day of each month commencing in July of 2024 through May of 2029; and (2) a final payment of $289.48 due on or before June 15, 2029. (Id. at ¶ 4.) If Defendant defaulted, Plaintiff would be entitled to file a motion to enter judgment in the full judgment amount, less any payments made, plus additional court costs incurred in obtaining the judgment. (Ibid.)
Defendant has defaulted on the Settlement Agreement after making payments totaling $614.00. (Sherrill Decl., ¶ 4.) Plaintiff has incurred an additional $80.00 in costs in relation to this motion. (See Sherrill Decl., ¶ 7.) Since Defendant has defaulted on the Settlement Agreement, Plaintiffs motion is GRANTED.
Judgment shall be entered in the amount of $17,868.48, representing the agreed upon judgment amount of $18,402.48, plus costs incurred in making this motion of $80.00, less $614.00 for payments made. (See Sherrill Decl., ¶¶ 6-7.)
The Court will sign the proposed order and proposed judgment submitted with the moving papers. Plaintiff shall provide notice of entry of the order and judgment.