Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement
25CV005177: JPMORGAN CHASE BANK N.A. vs LECKY 05/28/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16D
Tentative Ruling
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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 Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver
25CV005177: JPMORGAN CHASE BANK N.A. vs LECKY 05/28/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16D
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 Reporters Office and an official reporter will be provided.
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Plaintiff Capitol One, N.A.s unopposed motion to vacate dismissal and enter judgment pursuant to CCP § 664.6 is granted.
Plaintiffs unopposed request for judicial notice is granted for the limited purposes permitted for judicial notice. (See, Evid. Code §451, subd. (a); §452, subd. (b)-(d); see also, Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768 [court may take judicial notice of the existence of court documents but not the truth of the statements contained therein]; Kilroy v. State of California (2004) 119 Cal.App.4th 140, 145-148; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1569-70.)
Plaintiff seeks to vacate a dismissal without prejudice entered on June 10, 2025 and to have judgment entered pursuant to CCP § 664.6. The dismissal states that it is without prejudice and that the Court retains jurisdiction pursuant to California Code of Civil Procedure section 664.6.
CCP § 664.6 provides: 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. 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.
Thus, § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court's inquiry in ruling on a motion for judgment pursuant to CCP §664.6 is generally limited to a determination of whether the parties entered into a valid and binding settlement, and the material terms thereof. (Viejo
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV005177: JPMORGAN CHASE BANK N.A. vs LECKY 05/28/2026 Hearing on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement in Department 16D
Bancorp, Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182-83.)
Plaintiffs moving papers are sufficient to show the terms of the Stipulation Agreement and Stipulation for Judgment between Plaintiff and Defendant Tanya Lecky. (DiPiero Decl. ¶ 2.) Defendant agreed to make monthly payments to Plaintiff until the judgment amount was paid in full. Defendant agreed that in the event of default Plaintiff would be entitled to judgment in the sum of $18,092.16 plus costs less amounts received. (Id. ¶ 3.) Defendant defaulted on the payments after making payments totaling $301.54. (Id. ¶¶ 5, 7.) Defendant has not cured the default and there is a balance of $17,790.62 owed.
No opposition was filed to this motion. A partys 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.)
As a result, the Court grants the motion to vacate the dismissal and to enter judgment pursuant to CCP § 664.6. The judgment shall be for $17,790.62.
The Court will sign the proposed order and the proposed judgment.