Capital One, N.A. vs. Perez, Vanessa

As such, the Court finds application of Liberty Mutual here and will issue the protective order. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.

Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.

Re: Capital One, N.A. vs. Perez, Vanessa Case No.: VCL334106 Date: September 10, 2026 Time: 8:30 A.M. Dept. 1-The Honorable David C. Mathias Motion: Motion for Entry of Judgment Tentative Ruling: To grant the motion; CMC is continued to December 22, 2026; 8:30 am; D1 for status of Judgment.

Facts In this matter, Plaintiff, on July 8, 2026 filed a stipulation in which Plaintiff and Defendant agree that Defendant is indebted to Plaintiff in the amount of $10,407.42. Further, that Defendant agrees to pay Plaintiff $8,357.16 to resolve the above titled action for 23 monthly payments of $348.21 and a final payment of $348.33. In the event of default, the stipulation indicates that Plaintiff is entitled to entry of judgment for the $10,407.42 noted above, less any credits. The agreement indicates that the Court shall retain jurisdiction under Code of Civil Procedure section 664.6. This matter does not appear to have been dismissed. On July 30, 2026, Plaintiff filed this motion to enter judgment pursuant to the stipulation, indicating that Defendant has made no payments.

Authority and Analysis Section 664.6 (a) states: "If parties to pending litigation stipulate, in a writing signed by the parties outside of 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. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." "The court's retention of jurisdiction under section 664.6 includes jurisdiction over both the parties and the case itself, that is, both personal and subject matter jurisdiction." (Lofton v.

Wells Fargo Home Mortgage (2014) 230 Cal.App.4 th 1050, 1061.) "Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit." (Osumi v. Sutton (2007) 151 Cal.App.4 th 1355, 1360.)

As indicated above, the Court retains jurisdiction over the parties and this matter and therefore is prepared to "enter judgment pursuant to the terms of the settlement." Defendant appears to have breached the settlement, based upon the declaration of Plaintiff's counsel and, the Court, having no opposition, grants the motion and enters judgment in the amount requested of $10,933.83 consisting of the $10,407.42 principal amount, less $0 in payments made plus $526.41 in court costs.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.

Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.

Re: Rideout, Jazzmin vs. First Pitch Entertainment, LLC et al