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26NWLC28453·la·Civil·Debt Collection
Hearing todayGRANTED

TOYOTA MOTOR CREDIT CORPORATION vs KIMBERLY CRUZVILLEGAS

Motion to Set Aside and Vacate Dismissal

Hearing date
Sep 9, 2026
Department
Y
Judge
Prevailing
Plaintiff

Motion type

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Parties

PlaintiffTOYOTA MOTOR CREDIT CORPORATION
DefendantKIMBERLY CRUZVILLEGAS

Ruling

N.A. vs LUISITO C VICTORINO Tentative Ruling: The Court has read and reviewed the moving papers filed by Plaintiff Capital One, N.A. ("Plaintiff"), including the supporting declaration. The Court takes judicial notice of the Stipulation Agreement; Jurisdiction Retained Under Code of Civil Procedure Section 664.6 signed by Defendant on April 2, 2026 and filed with the Court on April 10, 2026. The Court also takes judicial notice of the Order on Settlement Agreement and Stipulation for Judgment entered by the Court on May 20, 2026.

The Court notes that Plaintiff has advised that Defendant has made payments totaling $288.00, leaving an outstanding amount of $3,785.91 due and owing. Based on the Stipulation signed by the parties and the moving papers submitted by Plaintiff, Plaintiff's motion is GRANTED. The Order Dismissing this action pursuant to Code of Civil Procedure section 664.6 is set aside. Judgment is hereby entered in favor of Plaintiff Capital One, N.A. and against Defendant Luisito C. Victorino for the principal sum of $3,785.91 plus court costs of $378.61, for a total judgment of $4,164.52.

The Proposed Judgment will be signed by the Court. Plaintiff to give notice.

CREDIT CORPORATION vs KIMBERLY CRUZVILLEGAS Tentative Ruling: The Court has read and considered the moving papers filed by Plaintiff Toyota Motor Credit Corporation ("Plaintiff"), and the supporting attorney declaration. Plaintiff's Motion to Set Aside and Vacate Dismissal("Motion") has been served on Defendant Kimberly CruzVillegas and no opposition has been filed. In its Motion, Plaintiff requests to vacate and set aside the dismissal entered on May 28, 2026 and restore the case to active status.

Pursuant to Code of Civil Procedure Sec. 473(b), the Court has authority to relieve, on such terms as are just, a party or party's legal representative from a judgment taken against the party because of mistake, inadvertence, surprise and/or excusable neglect. Here, Plaintiff's counsel has presented evidence that the dismissal was entered through Plaintiff's counsel's mistake. Based on the declaration submitted by Plaintiff, the Court GRANTS Plaintiff's Motion to Set Aside and Vacate Dismissal.

This case is returned to active status. Plaintiff to give notice. | Home -->)" -->

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