Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
34-2021-00312806-CL-CL-GDS: Citibank NA vs. Elya Nesteruk 07/30/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16C
Tentative Ruling
Plaintiff Citibank, N.A.s (Plaintiff) motion to set aside the dismissal entered on August 22, 2022, and enter judgment pursuant to Code of Civil Procedure section 664.6 is UNOPPOSED and GRANTED.
Plaintiffs request for judicial notice of the Stipulation Agreement filed in this action on August 22, 2022, is granted.
Plaintiff and defendant Elya Nesteruk (Defendant) reached a settlement and entered into a Stipulation Agreement on or about June 9, 2022. (Declaration of Plaintiffs Counsel (Plaintiffs Decl.), ¶ 2, Ex. B to RJN.)
Pursuant to the Stipulation Agreement, Defendant agreed to pay Plaintiff a total sum of $6,010.48 in monthly payments of $183.33 commencing on July 20, 2022, and continuing thereafter on or before the 20th day of each month. (RJN, Ex. B.) The Stipulation Agreement provides that, if Defendant failed to make full and timely payment of any installment, or if any payment was reversed, then Defendant would be deemed in default and the full balance would become immediately due and owing. (Ibid.) In the event of such default, the parties agreed that the Court was authorized to enter judgment in favor of the Plaintiff and against Defendant in the amount of $6,010.48, less payments received, and court costs (including Defendants first appearance fees and any motion filing fee, if applicable) incurred in moving for entry of judgment.
Defendant defaulted, and the last payment received was on May 7, 2024. Defendant has paid a total of $4,216.59. (Plaintiffs Decl., ¶¶ 4, 6.)
Based upon the foregoing, Plaintiff requests the Court enter judgment in favor of Plaintiff and against Defendant in the sum of $1,793.89, plus court costs of $637, for a total judgment of $2,430.89.
California 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. The Courts inquiry in ruling on a motion for judgment pursuant to section 664.6 is generally limited to a determination of whether the parties entered into a valid and binding
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34-2021-00312806-CL-CL-GDS: Citibank NA vs. Elya Nesteruk 07/30/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16C
settlement, and the material terms thereof. (Viejo Bancorp, Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182-83.)
Plaintiff has satisfied the requirements of Code of Civil Procedure section 664.6 and is entitled to the relief requested here. Plaintiffs motion to set aside the dismissal entered on August 22, 2022, and enter judgment is GRANTED. The dismissal is set aside and vacated.
Judgment is entered in the requested amount. The Court will sign the proposed order and proposed judgment.
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 16C 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 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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2021-00312806-CL-CL-GDS: Citibank NA vs. Elya Nesteruk 07/30/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16C
and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
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 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at 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.
*** 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 54 WILL BE HEARD IN DEPARTMENT 16C OF THE NEW COURTHOUSE. ***