Capital One, N.A. v. Kathleen Kittle

Capital One, N.A. v. Kathleen Kittle, 25LCP-0350

Hearing: Motion to Set Aside Dismissal and Enter Judgment

Date: August 25, 2026

In July 2025, Capital One, N.A. filed a Stipulation Agreement signed by the parties. The stipulation requested that the court retain jurisdiction to enforce its terms pursuant to Code of Civil Procedure section 664.6. The Court subsequently issued an order pursuant to the parties’ agreement dismissing the action and retaining jurisdiction.

Under the Stipulation Agreement, Defendant agreed to pay $26,486.23 in monthly installments with the first payment due on May 9, 2025. Plaintiff reports Defendant has failed to make the requisite payments and seeks to set aside the dismissal and have the Court enter judgment accordingly.

When Plaintiff’s counsel did not appear at the hearing on June 9, 2026, the clerk served the adopted tentative ruling continuing the motion on both Plaintiff and Defendant. The clerk mailed the adopted ruling to Defendant at the address listed on Plaintiff’s proof of service filed on December 22, 2025. However, there is nothing on record from Defendant confirming her address of record.

The Court intends to continue this motion to November 24, 2026. Plaintiff is to provide a declaration outlining its efforts to confirm Defendant’s address for service.

ORDER (PROPOSED)

The motion is continued to November 24, 2026, at 9:00 a.m. in Department P-2. Plaintiff is to file a declaration at least one week prior to the hearing outlining its efforts to confirm Defendant’s address for proper service.

Please note Local Rule 7.11.1 was amended in January 2022 with a new phone number, and effective, July 1, 2026, no phone number will be available to access tentative rulings. Please update your notice of motion accordingly. (Ntc. of Local Rules Update, 04/01/26.)

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