WELLS FARGO BANK, NA vs DEMARAIS, AN INDIVIDUAL

25CV011352: WELLS FARGO BANK, NA vs DEMARAIS, AN INDIVIDUAL 08/19/2026 Hearing on Motion to Vacate Dismissal Under CCP 664.6 and Enter Judgment in Department 8C

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 8C in the Tani G. Cantil-Sakauye Courthouse at 500 G Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.

Any party who wishes to contest the tentative ruling below must:

(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-8380, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail 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 they have notified the opposing party of their intention to appear; and

(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.

If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:

https://saccourt-ca-gov.zoomgov.com/j/16039062174

SIP Address:

25CV011352: WELLS FARGO BANK, NA vs DEMARAIS, AN INDIVIDUAL 08/19/2026 Hearing on Motion to Vacate Dismissal Under CCP 664.6 and Enter Judgment in Department 8C

16039062174@sip.zoomgov.com

(833) 568-8864

ID: 16039062174

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 in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf

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 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 be forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV011352: WELLS FARGO BANK, NA vs DEMARAIS, AN INDIVIDUAL 08/19/2026 Hearing on Motion to Vacate Dismissal Under CCP 664.6 and Enter Judgment in Department 8C

THIS NEW LOCATION***

The motion of Plaintiff Wells Fargo Bank, N.A. (“Plaintiff”) to vacate the dismissal under Code of Civil Procedure § 664.6 and enter judgment in Plaintiff’s favor and against Defendant Kirk Demarais (“Defendant”) pursuant to stipulation is UNOPPOSED and GRANTED.

This is a collection action. Plaintiff sued Defendant for the delinquent credit card debt in the amount of $5,958.03.

Thereafter, Plaintiff and Defendant entered into a Stipulation for Entry of Judgment and Installment Payments & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to C.C.P. § 664.6 & Court Order Thereon ('Stipulation'). (Lopez Decl., ¶ 3, Ex. 1.)

Pursuant to the terms of the Stipulation, Defendant was to make an initial payment of $491.03 on or before September 26, 2025, followed by payments of $497. 00 on or before the 26th of each and every consecutive month beginning October 26, 2025, and continuing through and including August 26, 2026. The total settlement amount was $5,958.03. (Lopez Decl., ¶ 4)

Defendant defaulted on the Stipulation and did not make any payments. (Lopez Decl., ¶ 5.)

On or about February 20, 2026, Plaintiff’s counsel sent a letter to Defendant informing them that they were in default pursuant to the terms of the agreement and provided seven additional days to cure the default by paying the past due amount. Defendant did not cure the default. (Lopez Decl., ¶¶ 6-7.)

The Stipulation sets for the terms for the entry of judgment in the event of breach and/or non payment. Specifically, the Stipulation provides that “[j]udgment may be entered forthwith in favor of Plaintiff and against said Defendant in the total sum of $5,958.03 plus costs, minus credit for any payments actually made pursuant to this Stipulation For Entry of Judgment and Installment Payments (‘Stipulation’).” (Lopez Decl., ¶ 8, Ex. 1.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV011352: WELLS FARGO BANK, NA vs DEMARAIS, AN INDIVIDUAL 08/19/2026 Hearing on Motion to Vacate Dismissal Under CCP 664.6 and Enter Judgment in Department 8C

Plaintiff has incurred $300.00 in costs ($225.00 filing fee; and $75.00 service of process). Plaintiff waives pre-judgment legal interest. (Lopez Decl., ¶ 9.)

Plaintiff now requests that the Court set aside and vacate the dismissal and enter judgment in favor of Plaintiff and against Defendant in the principal sum of $5,958.03 plus court costs in the sum of $300.00 for a total judgment of $6,258.03.

“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(a).)

The evidence presented and the records in this action support the finding the parties entered a written settlement and that the Court retained jurisdiction to enforce the settlement by entering a stipulated judgment in Plaintiff’s favor.

Defendant did not file an opposition explaining why the relief requested should not be granted. The Court construes Plaintiff’s 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].)

The motion is GRANTED. The dismissal is VACATED. Judgment shall be entered in favor of Plaintiff and against Defendant in the principal sum of $5,958.03 plus court costs in the sum of $300.00 for a total judgment of $6,258.03.

The Court will sign the submitted proposed Judgment.