WELLS FARGO BANK vs LOPEZ, EDGAR PEREZ
Plaintiff's Motion to Vacate Dismissal Under C.C.P. 664.6 & Enter Judgment Pursuant to Stipulation
Motion type
Monetary amounts referenced
Parties
Ruling
Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings August 26, 2026 The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21:
CV-22-000032 - HODGSON, KETRIN vs MOHAMAD, ABDO - Defendant Abdo Mohamad's Motion to Compel Judgment Creditor Ketrin Hodgson to File an Acknowledgement of Satisfaction of Judgment Pursuant to CCP 724.050 - MOOT, no sanctions issued.
In this case after a post-trial judgment, Plaintiff asserted she was entitled to payment of $106,608.11 plus daily interest. Defense counsel responded, "My client will have the check delivered to your office tomorrow," then delivered a check for just over $101,000. Defense counsel asserted the further attorney fees were not due after delivering the check and being questioned on it. Plaintiff cashed the check on April 21 of this year. Defendant filed this motion on June 12, 2026. Plaintiff filed a full satisfaction of judgment on June 23, 2026, mooting the dispute over the amount owed.
Under these circumstances, the Court declines to issue sanctions. The response that the check was on its way without noting a contest on the amount makes the claim that this judgment was plainly satisfied unclear at best. The fact that further efforts to collect the remaining amount were not made is not dispositive.
CV-23-007501 - WELLS FARGO BANK vs LOPEZ, EDGAR PEREZ - Plaintiff's Motion to Vacate Dismissal Under C.C.P. 664.6 & Enter Judgment Pursuant to Stipulation - GRANTED in part and DENIED in part, and unopposed.
Plaintiff's unopposed motion to enforce the parties' written settlement pursuant to Code of Civil Procedure section 664.6 is GRANTED as to the unpaid settlement balance. The parties executed a written stipulation authorizing entry of judgment in the event of default, and the Court retained jurisdiction to enforce the settlement. Plaintiff has submitted a declaration establishing that Defendant defaulted under the settlement agreement and that $3,000 remains unpaid. No opposition has been filed. The Court finds that Plaintiff is entitled to judgment in the principal amount of $3,000.00.
Costs Plaintiff also seeks an award of $300 in costs. However, Plaintiff did not file a memorandum of costs as required by California Rules of Court, rule 3.1700(a)(1). Therefore, the Court cannot ascertain whether the costs requested are proper and recoverable pursuant to Code of Civil Procedure section 1033.5 and Local Rule 3.13. (Cf. Judicial Council form CIV-100, "Request for Entry of Default" at Item 7 [requiring a memorandum of costs if a money judgment is requested].)
CV-24-000143 - DHANOTA, RITA vs NUCOR BUILDINGS GROUP WEST LLC - Plaintiff's Motion for Final Approval of Class Action and Paga Settlement Agreement - GRANTED.
This is a wage and hour case. It appears that proper notice to the settlement class has been given in compliance with the law and as required by the Court's Order Granting Preliminary Approval. The Settlement Administrator mailed notice to all 297 class members, conducted address updates through NCOA, performed skip tracing on returned notices, remailed notices when updated addresses were obtained, and reports that no class member requested exclusion, objected to the settlement, or challenged workweek or PAGA pay period calculations. The Court therefore finds that notice was the best practicable under the circumstances and satisfied due process requirements.
Having considered the unopposed motion and the supporting declarations and evidence, the Court finds that the Settlement was entered into in good faith, is fair, reasonable, and adequate, and satisfies the standards for final approval under California law. (Civ. Code Sec. 1781; Code Civ. Proc. Sec. 382; Cal. Rules of Court, rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed Settlement and the associated fees and
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