Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
25CV006309: BANK OF AMERICA N.A. vs AIYUB 07/28/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16C
Tentative Ruling
Plaintiff Bank of America, N.A.s (Plaintiff) motion to vacate dismissal and enter judgment under the terms of a stipulated settlement is UNOPPOSED and GRANTED.
This is a collection action. On or about August 19, 2025, the parties stipulated to the settlement of this action and agreed that the Court would retain jurisdiction to enforce its terms. (Decl. of Smita Suman ISO Mot. (Suman Decl.) ¶ 2; Req. for Judicial Not., Ex. B.[1]) The written settlement agreement, captioned Stipulation Agreement, provided, among other things, that an agreed judgment in total amount of $9,953.97 would not be entered against Defendant Mohammed Aiyub (Defendant) so long as Defendant paid to Plaintiff consecutive monthly payments commencing on August 20, 2025. (Stipulation Agreement at p. 2.)
The Stipulation Agreement further provided that in the event of a default in payments, and upon noticed motion by Plaintiff, the Court may enter judgment in Plaintiffs favor in the amount of $9,953.97, plus any motion and/or order fee(s) required by the Court, less credit for payments made. (Stipulation Agreement at p. 3.)
The Stipulation Agreement was filed with this Court on September 4, 2025, after which the Court dismissed the case without prejudice with the Court retaining jurisdiction under Code of Civil Procedure section 664.6. (Request for Dismissal, Sep. 4, 2025.)
Defendant has defaulted on the terms of the Stipulation Agreement, (see Suman Decl. ¶ 4), and Plaintiff now asks the Court to set aside and vacate the dismissal, resume jurisdiction, and enter judgment pursuant to the terms of the Stipulation Agreement in the amount of $8,369.97 (principal sum of $7,991.36, after credit for payments made, plus court costs of $378.61).
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, subd. (a).)
The evidence presented and the records in this action support that the parties entered a written settlement and that the Court retained jurisdiction to enforce the settlement by entering a stipulated judgment in Plaintiffs favor.
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25CV006309: BANK OF AMERICA N.A. vs AIYUB 07/28/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16C
Further, Defendant does not oppose the motion. The Court construes Defendants failure to oppose the motion as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion, it is assumed that [nonmoving party] concedes that ground].)
For the stated reasons, the motion is GRANTED. The September 4, 2025 Dismissal is VACATED, and judgment shall be entered in favor of Plaintiff and against Defendant in the sum of $8,369.97.
The Court will sign the proposed order and separate proposed judgment that were submitted with the moving papers.
[1] Plaintiffs request that the Court take judicial notice of the parties Stipulation Agreement, which was filed in this action on September 4, 2025, is unopposed and granted.
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 Law and Motion Oral Argument Request Line at (916) 874-1475 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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV006309: BANK OF AMERICA N.A. vs AIYUB 07/28/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16C
non-evidentiary civil hearings. The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014 *. 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.
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. Enter command here