Motion to Set Aside and Vacate Prior Order of Dismissal and for Entry of Judgment
9:00 24CV444941 Bank of America, N.A. Order on Plaintiff Bank of America 6 v. N.A.’s Motion to Set Aside and Vacate Anthony Snyder Prior Order of Dismissal and for Entry of Judgment pursuant to Stipulation of the Parties
See Line 6 below for complete tentative ruling.
After the hearing, the Court will prepare and file the formal Order.
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See Line 7 below for complete tentative ruling.
After the hearing, the Court will prepare and file the formal Order.
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See Line 8 below for complete tentative ruling.
After the hearing, the Court will prepare and file the formal Order.
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Line 6 Case Name: Bank of America, N.A. v. Anthony Snyder Case No.: 24CV444941 Plaintiff Bank of America, N.A. (“Plaintiff”) moves under Code of Civil Procedure Section 664.6 for an Order Setting Aside and Vacating its Prior Order of Dismissal and for Entry of Judgment against Defendant Anthony Snyder (“Defendant”) pursuant to Stipulation of the parties. Notice of Motion (the “Motion”) at 1:26-2:2 (filed: Dec. 22, 2025).
The Motion came on for hearing on August 7, 2026, at 9:00 AM in Department 16. After reviewing all the papers and the record, and giving counsel for all parties the full and fair opportunity to be heard, the Court finds and rules as follows.
BACKGROUND
This is a straightforward matter.
Plaintiff and Defendant knowingly, voluntarily, and intelligently signed and filed in this action on November 13, 2024 a written settlement stipulation agreement, in which they expressly agreed that the Court would retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the terms of that settlement agreement (the “November 13, 2024 Settlement Agreement”). In this November 13, 2024 Settlement Agreement, the parties agreed, among other things, that:
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• Defendant Snyder stipulates to the entry of judgment in favor of Plaintiff Bank of America, N.A. in the principal sum of $3,024.84 and court costs of $320.09 for a total judgment in the amount of $3,344.93 (the “Judgment Amount”);
• Plaintiff would not request that Judgment be entered so long as Defendant is not in default with the payment plan set forth in this Settlement Agreement; and
• Defendant agrees to pay to Plaintiff a minimum of $170.00 on or before the 30th day of each and every month commencing on September 30, 2024, through and including March 30, 2026, and then a final payment of $114.93 on or before April 30, 2026, until the Defendant has paid the Judgment Amount.
• If Defendant defaults by failing to make full and timely payment of any installment, then the full remaining balance shall be due, and Plaintiff shall be entitled to enter Judgment for the $3,344.93 Judgment Amount, plus court costs and motion filing fees incurred in moving for entry of Judgment, less credit for payments made.
Settlement Agreement at ¶¶ 1, 3, 4.
After reviewing the November 13, 2024 Settlement Agreement, the Court in an Order filed on November 21, 2024 dismissed this case without prejudice while retaining jurisdiction to enforce the terms of the Settlement Agreement under Code of Civil Procedure Section 664.6 (the “November 21, 2024 Dismissal”).
ANALYSIS OF THE MOTION
While Defendant did make some installment payments totaling $1,530.00, for which he is entitled to credit, Defendant defaulted by stopping making any further installing payments before the $3,344.93 Judgment Amount was paid in full. Declaration of Attorney Michael Mallonga In Support of Motion (“Mallonga Decl.”) at ¶¶ 6 & 7 and Ex. 2 thereto.
As Defendant defaulted on payments that he owed Plaintiff under the Settlement Agreement, Plaintiff asks the Court to enter Judgment against Defendant now in the total amount of $2,138.40, which equals:
• the principal sum of $3,024.84,
• plus previous court costs of $320.09, $18.47 e-filing fee, $245.00 Order fee and $60.00 motion fee for the filing of this Motion,
• less payments of $1,530.00 made by Defendant to Plaintiff to date.
Mallonga Decl. at ¶ 7.
The Court finds the Motion to be well grounded in law, well supported in fact and evidence by the Supporting Declaration of Michael Mallonga and its Exhibits, and reasonable in all respects.
Moreover, Defendant has not opposed the Motion at all, which the Court views as Defendant conceding the Motion in its entirety. D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.; California Practice Guide: Civil Procedure Before Trial ¶ 9:105.10, Ch. 9 at pp. 94-95 (failure to file opposition papers to motion is treated “as an admission that the motion is meritorious”) (Weil & Brown, The Rutter Group, 2025 Ed.); see also Rule of Court 8.54(c): “A failure to oppose a motion may be deemed a consent to the granting of the motion.” CRC Rule 8.54(c).
CONCLUSION & ORDER
For all the reasons set forth above, Plaintiff’s Motion is GRANTED.
Specifically, the Court ORDERS that:
1. the November 21, 2024 Dismissal is VACATED;
2. the November 13, 2024 Settlement Agreement signed by the parties under C.C.P. Section 664.6 is ENFORCED; and
3. JUDGMENT IS ENTERED now in favor of Plaintiff Bank of America, N.A. and against Defendant Anthony Snyder in the total amount of $2,138.40.
SO ORDERED.
Date: August 7, 2026 Vincent I. Parrett Judge of the Superior Court of California, County of Santa Clara
JUDGMENT
Plaintiff’s Motion for an Order Setting Aside and Vacating the Court’s November 21, 2024 Order of Dismissal, and for Entry of Judgment in favor of Plaintiff Bank of America, N.A. and against Defendant Anthony Snyder pursuant to Stipulation of the parties, came regularly for a hearing by the Court on August 7, 2026, on notice duly given. After reviewing all the papers and giving counsel for all parties the opportunity to be heard, the Court GRANTS THE MOTION.
ACCORDINGLY, IT IS SO ORDERED, ADJUDGED, AND DECREED THAT:
Plaintiff Bank of America, N.A. have and recover now from Defendant Anthony Snyder a Total Judgment in the amount of $2,138.40, which equals: (a) the principal sum of $3,024.84, plus (b) previous court costs of $320.09, $18.47 e-filing fee, $245.00 Order fee and $60.00 motion fee for the filing of this Motion, less (c) payments of $1,530.00 made by Defendant to Plaintiff to date.
Date: August 7, 2026 Vincent I. Parrett Judge of the Superior Court of California, County of Santa Clara
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