Mountain States Commercial Collections Inc v. Potter

The Order to Show Cause is continued for approximately 30 days.

Commercial Collections Inc v. Potter

Plaintiff's Motion to Set Aside Dismissal and Enter Stipulated Judgment Tentative Ruling The motion is granted.

On August 14, 2017, Plaintiff Mountain States Commercial Collections, Inc. ("Plaintiff") filed a complaint against Defendant Deontay Potter ("Defendant") alleging that Plaintiff failed to pay monies due under the terms of a promissory note. On December 8, 2017, default was entered against Defendant. On December 20, 2019, Defendant filed an answer. On July 29, 2020, the Court denied Defendant's motion to set aside the default. On July 24, 2020, the parties executed the stipulated judgment ("Stipulation") which required Defendant to tender payments to Plaintiff monthly at the rate of $500 until $28,000 was paid in full. (Gaba Decl., P. 2 & Exh. 1.)

On September 14, 2020, the Court, pursuant to the stipulation of the parties, entered an order setting aside the default, dismissing the action without prejudice, and retaining jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the terms of a settlement between the parties.

On November 25, 2024, Defendant defaulted on the agreement. (Id., P. 5.) Defendant has paid a total of $24,000 to date. (Id., P. 7.) Under the terms of the Stipulation, Plaintiff is now entitled to entry of judgment in the amount of $11,585.14, after taking into account the credits for the amounts paid by Defendant. (Id., P.P. 8-9.)

On March 2, 2026, Plaintiff filed this motion to set aside the dismissal and enter a stipulated judgment pursuant to Code of Civil Procedure section 664.6. The motion was initially set for hearing on April 6. No opposition was filed. On April 6, 2026, the motion came on for hearing. Defendant appeared. After hearing from Plaintiff's counsel and Defendant, the Court continued the hearing to June 3, 2026. On May 18, Defendant filed an opposition. The Court, on its own motion, continued the hearing to June 18.

On June 18, 2026, the motion came on for hearing. Defendant appeared. After hearing from Plaintiff's counsel and Defendant, the Court continued the hearing to August 26. Defendant contends that he made more payments than Plaintiff asserts, and the Court continued the hearing to give Defendant additional time to gather evidence of his payments. No further evidence has been received. The Court has repeatedly continued this hearing, but Defendant, despite having been given ample opportunity, has not presented evidence to support his contention that he has made payments above and beyond those identified by Plaintiff. All substantive and procedural requirements are satisfied. Accordingly, the motion is granted.

Conclusion

The Court GRANTS the motion of Plaintiff Mountain States Commercial Collections Inc. to set aside the dismissal and enter judgment. The Court SETS ASIDE the dismissal of this action entered on September 14, 2020. The Court, under Code of Civil Procedure section 664.6, and based on the evidence presented, GRANTS the request for entry of judgment against Defendant Deontay Potter in the amount of $11,585.14. Moving party is ordered to submit a proposed judgment by no later than September 9, 2026. The Court SETS a Non-Appearance Case Review re Entry of Judgment for September 23, 2026. Moving Party is ORDERED to give notice. | Home -->)" -->