CAPITAL ONE, N.A. vs CHAMORRO

24CV007962: CAPITAL ONE, N.A. vs CHAMORRO 08/18/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Agreement in Department 16D

Tentative Ruling

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 16D Oral Argument Request Line at (916) 874-3056 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 16D Zoom Link is https://saccourt-cagov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 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-servicestranscripts. 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

24CV007962: CAPITAL ONE, N.A. vs CHAMORRO 08/18/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Agreement 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.

*** 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 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ***

TENTATIVE RULING:

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

Plaintiff’s unopposed request for judicial notice is GRANTED for the limited purposes appropriate 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 and Defendant Bianca A. Chamorro (“Defendant”) entered into a written Stipulation Agreement wherein Defendant promised to pay $6,619.83 in monthly payments commencing in June 2024. (Def’s RJN, Exh. B [“Stipulation”], ¶¶ 1, 2, 4.)[1] Pursuant to the Stipulation, in the event that Defendant fails to timely make payments as required, judgment shall be entered against Defendant in the full remaining balance due, plus court costs. (Stipulation, ¶ 4.) The parties jointly requested that the Court retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the Stipulation (Id., ¶ 7) and requested that the case be dismissed without prejudice on June 21, 2024.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV007962: CAPITAL ONE, N.A. vs CHAMORRO 08/18/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Agreement in Department 16D

Plaintiff declares that Defendant made payments on the principal amount totaling $1,250, with the last payment being received on November 12, 2024. (Sherrill Decl., ¶¶ 4, 6.) Plaintiff declares that it has incurred $603.61 in litigation costs, as evidenced by its Memorandum of Costs. (Id., ¶ 7.) Plaintiff does not seek pre-judgment interest.

Plaintiff now moves to set aside the dismissal and enter judgment for Plaintiff in the amount of $6,223.44 pursuant to the Stipulation.

Code of Civil Procedure section 664.6 provides:

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. 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. v. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182–83.)

As Plaintiff’s moving papers show, the parties agreed that Defendant’s default would result in Plaintiff obtaining judgment against Defendant. Plaintiff has presented evidence that Defendant defaulted on the payment obligations under the Stipulation. On the record before the Court, however, the Court cannot grant judgment in the requested amount of $6,223.44 because that amount does not match the facts Plaintiff declares. If Defendant has paid $1,250, the total amount due after court costs would be:

$6,619.83 – $1,250 + $603.61 = $5,973.44

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. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV007962: CAPITAL ONE, N.A. vs CHAMORRO 08/18/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Agreement in Department 16D

Accordingly, Plaintiff is entitled to entry of judgment in the amount of $5,973.44.

Plaintiff shall prepare a proposed order and judgment for the Court’s signature pursuant to California Rules of Court, Rules 3.1312.

[1] Plaintiff’s notice of motion asserts that the principal amount due was $5,500. The

signed Stipulation states the principal amount as $6,619.83, which appears to accord with the debt as discussed in the Sherill Declaration.