CAPITAL ONE N.A. vs LOMIBAO

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

25CV009700: CAPITAL ONE N.A. vs LOMIBAO 08/11/2026 Hearing on Motion to Vacate Dismissal Enter Judgment Under Terms of Stipulation Settlement in Department 16D

hearing, if not using a reporter from the Court’s 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 Reporter’s Office and an official reporter will be provided.

Tentative Ruling:

Plaintiff Capital One, N.A.’s (“Plaintiff”) motion to vacate dismissal and for entry of judgment under terms of the stipulated settlement is UNOPPOSED and GRANTED, as follows.

Plaintiff’s unopposed request for judicial notice is granted for the limited purposes permitted for judicial notice. (See, Evid. Code §451, subd. (a); §452, subds. (b)-(d); see also, Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768 [court may take judicial notice of the existence of court documents but not the truth of the statements contained therein]; Kilroy v. State of California (2004) 119 Cal.App.4th 140, 145-148; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1569-70.)

Plaintiff seeks to vacate dismissal without prejudice and to have judgment entered pursuant to Code of Civil Procedure section 664.6. On October 28, 2025, this Court received from the parties a Stipulation Agreement (“Stipulation”) which provided that the Court shall retain jurisdiction over the matter, including the power to set aside any dismissal pursuant to section 664.6, and to enter judgment pursuant to the terms of the parties’ settlement. The Stipulation was signed by Plaintiff and Defendant Monette Lomibao (“Defendant”). Also on October 28, 2025, Plaintiff filed a request for dismissal of the complaint without prejudice which was entered as requested on that same date. The dismissal states that it is without prejudice and that the Court retains jurisdiction pursuant to California Code of Civil Procedure section 664.6.

Code of Civil Procedure section 664.6 provides:

If parties to pending litigation stipulate, in a writing signed by the parties outside

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV009700: CAPITAL ONE N.A. vs LOMIBAO 08/11/2026 Hearing on Motion to Vacate Dismissal Enter Judgment Under Terms of Stipulation Settlement in Department 16D

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. If the parties to the settlement agreement or their counsel stipulate in writing or orally before the court, the court may dismiss the case as to the settling parties without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

Thus, section 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to settlement. The Court’s 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 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.)

Pursuant to Code of Civil Procedure section 664.6, Plaintiff requests the Court to enter judgment in accordance with the terms of a written stipulated judgment.

Plaintiff’s moving papers are sufficient to show the terms of the settlement between Plaintiff and Defendant. The Stipulation states that Defendant agreed to pay $4,475.34 in a one-time payment of $253.00 on or before July 31, 2025, followed by minimum payments of $262.00 on or before the 25th day of each month commencing in August 2025. The Stipulation also states that if Defendant makes the first 12 consecutive installment payments when due, totaling $3,135.00, Defendant may deduct the remaining payments, totaling $1,340.34 from the remaining balance due. Finally, Defendant agreed that in the event of default, Defendant will not be entitled to any deduction, the full remaining balance will be due, and Plaintiff shall be entitled to enter judgment for $4,475.35 plus court costs pursuant to a memorandum of costs, less credit for payments made in good funds before the time of default.

Defendant defaulted on the payments after making payments totaling $1,039.00. (Declaration of Anthony DiPiero [“DiPiero Decl.”] ¶¶ 4, 6.) Defendant has not cured the default and there is a balance of $3,814.95 owed ($3,436.34 principal + $378.61 court costs.) (Id., at ¶¶ 5-7.)

No opposition was filed to this motion. A party's failure to oppose a motion is 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.)

As a result, the Court grants the motion to vacate the dismissal and to enter judgment

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV009700: CAPITAL ONE N.A. vs LOMIBAO 08/11/2026 Hearing on Motion to Vacate Dismissal Enter Judgment Under Terms of Stipulation Settlement in Department 16D

pursuant to Code of Civil Procedure section 664.6. The judgment shall be for $3,814.95.

The Court will sign the proposed order and proposed judgment.