Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
25CV015450: PORTFOLIO RECOVERY ASSOCIATES LLC vs SINGH 07/27/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that 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. Parties who wish to contest the tentative ruling below must: (1) request a hearing by calling the Department 8D Oral Argument Request Line at (916) 874-7719 no later than 4:00 p.m. on the Court day before the scheduled CMC, and (2) advise opposing counsel of the request.
If a hearing is not requested by 4:00 p.m. on the Court day before the scheduled CMC, the tentative ruling shall become the final order of the Court. The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. If a hearing is requested, the Court assumes that all parties will appear remotely via Zoom unless the Court orders inperson attendance.
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Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf 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.
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25CV015450: PORTFOLIO RECOVERY ASSOCIATES LLC vs SINGH 07/27/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D
TENTATIVE RULING
Plaintiff Portfolio Recovery Associates, LLCs (Plaintiff) Motion to Enforce Settlement is UNOPPOSED and GRANTED.
Plaintiff and Defendant Manesh Singh (Defendant) entered into a written settlement agreement with mutual release and stipulation for entry of judgment upon default on or around September 25, 2025 with respect to the account ending in 5775. (Suman Decl., ¶ 2, Ex. B to Request for Judicial Notice.) Pursuant to the written settlement agreement, judgment would not be entered against Defendant so long as Defendant paid $1,043.89 through installments. (Ibid.) Both parties agreed that Defendant would make a one-time payment of $97.89 followed by minimum monthly payments of $86. (Ibid.)
The written settlement agreement includes a provision that if Defendant defaulted on the payments, he would pay Plaintiff the total outstanding balance of the settlement amount in addition to interest, attorneys fees, and court costs. (Ibid.) Both parties agreed that a default on the payment would result in Plaintiff obtaining judgment against Defendant. In addition, the parties agreed that the court would retain jurisdiction under Code of Civil Procedure section 664.6 to order entry of judgment. (Ibid.)
Defendant defaulted in or around November 2025, after paying a total of $183.89. (Suman Decl. ¶¶ 4, 6.) Plaintiff presents evidence of costs incurred in the amount of $515.61. (Suman Decl., ¶ 7.) The new principal amount is $1,375.61 (after applying a credit for payment already made by Defendant and adding court costs: $1,043.89 - $183.89 + $515.61).
Code of Civil Procedure section 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.
As set forth above, Plaintiff presents evidence regarding the terms of the settlement agreement and that Defendant defaulted on payment obligations under the settlement agreement.
Defendant filed no opposition to this motion. A partys failure to oppose a motion is
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV015450: PORTFOLIO RECOVERY ASSOCIATES LLC vs SINGH 07/27/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D
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.)
Accordingly, Plaintiff is entitled to entry of a judgment such that the motion is granted.
The Court will sign the proposed order and proposed judgment submitted to the Court.