CAPITAL ONE N.A. vs MINOR

26CV005392: CAPITAL ONE N.A. vs MINOR 08/26/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D

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 8D Oral Argument Request Line at (916) 874-7719 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 8D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16113421868 and the Zoom Meeting ID is 161 1342 1868. 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-services-transcripts. 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 hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

26CV005392: CAPITAL ONE N.A. vs MINOR 08/26/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D

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 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ***

TENTATIVE RULING:

Plaintiff Capital One, N.A.’s (“Plaintiff”) motion for entry of judgment pursuant to Code of Civil Procedure section 664.6 is UNOPPOSED and GRANTED.

This is a debt collection action. Plaintiff and Defendant Kendra Minor (“Defendant”) executed a written stipulated agreement in April 2026 (“Stipulated Agreement”). (RFJN, Ex. B.) Under the terms of the Stipulated Agreement, the parties agreed Plaintiff was entitled to a judgment consisting of a principal amount owed of $6,685.25 plus court costs pursuant to a memorandum of costs. (Stipulated Agreement, ¶ 1.) Judgment would not be entered so long as Defendant paid the total agreement amount of $6,685.25, including one-time payment $268.25 on or before April 17, 2026, and followed by a minimum of $279.00 on or before the 17th day of each and every month commencing on May 17, 2026, until the Defendant has paid the Judgment Amount. (Id., ¶ 4.)

If all payments were timely made, Plaintiff would dismiss this action with prejudice. (Id., ¶ 8.) If Defendant defaulted, Plaintiff would be entitled to file a motion to enter judgment in the full judgment amount, plus court costs pursuant to a memorandum of costs, less any payments made. (Id., ¶ 4.)

Defendant has defaulted on the Stipulated Agreement. (Declaration of Donald Sherrill, ¶ 4.) At the time of default, Defendant had paid $0.00. (Id., ¶ 6.)

Plaintiff now moves for entry of judgment pursuant to Section 664.6.

Code of Civil Procedure section 664.6 provides, in relevant part:

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV005392: CAPITAL ONE N.A. vs MINOR 08/26/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 8D

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

Plaintiff has presented the terms of a written Stipulated agreement, including the terms of judgment relating to default, and the facts relating to the default under the terms of the agreement.

Defendant did not file an opposition to the instant 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.)

Since Defendant has defaulted on the Stipulated Agreement, Plaintiff’s motion is GRANTED in accordance with the terms of the Stipulated Agreement.

Pursuant to the above, judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $7,288.86, representing the judgment amount of $6,685.25, plus court costs in the amount of $603.61.

The Court will sign the proposed order and proposed judgment submitted with the moving papers.