Motion to Enter Judgment Pursuant to Stipulation
Case No.: VCL304372 Date: June 1, 2026 Time: 8:30 A.M. Dept. 9-The Honorable Nathan D. Ide Motion: Motion to Enter Judgment Pursuant to Stipulation Tentative Ruling: To grant the motion and enter judgment as requested.
Facts In this breach of contract and common counts matter, Plaintiff alleges damages of $10,810.03. Defendant was served with the summons and complaint, but did not file an answer.
On June 10, 2024, the parties filed a stipulation for entry of judgment and dismissal with retention of jurisdiction pursuant to Code of Civil Procedure section 664.6. The stipulation required one payment of $410.03 on or before April 7, 2024 and monthly payments of $400 thereafter until the total of $10,810.03 was paid. In the event of breach, Plaintiff may recover costs.
On June 24, 2024, the matter was dismissed pursuant to the stipulation.
On March 26, 2026, Plaintiff filed this motion for entry of judgment pursuant to the stipulation. Plaintiff indicates payments of $4,010.03, resulting in a balance of $6,800. Plaintiff further seeks $300 in costs.
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 retained jurisdiction over the parties and this matter and therefore is prepared to "enter judgment pursuant to the terms of the settlement."
Therefore, the Court enters judgment as requests in the amount of $7,100, consisting of $10,810.03 in principal minus $4,010.03 in payments, plus $300 in costs.
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312
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