BANK OF AMERICA, N.A. VS. METZGER

CASE NUMBER: 25CVG-00681 Tentative Ruling on Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement: Plaintiff Bank of America, N.A. seeks to vacate the dismissal entered on July 22, 2025, and enforce the Stipulation Agreement filed on July 7, 2025. Despite being properly noticed, Defendant Lauren Adriana Marie Metzger did not file an Opposition.

Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Stipulation Agreement filed in this matter on July 7, 2025. The request is granted pursuant to Evid. Code §§ 452(d) and 453.

Merits. CCP § 664.6 provides the Court with authority, upon motion, to enter judgment pursuant to the terms of a settlement agreement entered into in writing. If requested by the parties, the Court also retains jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Id.

The Stipulation Agreement filed with the Court on July 7, 2025, was executed by both parties. The terms of the agreement are straightforward. The parties stipulated to a judgment of $7,334.98 which consists of $6,791.37 in principal and $543.61 in costs. The agreement calls for a payment of $488.98 on or before April 29, 2025, followed by minimum monthly payments of $489 starting May 29, 2025, until fully paid. The parties also agreed that following the dismissal, Plaintiff may reopen the case to enter judgment in the event of Defendant’s failure to comply with the terms of payment described in the agreement.

The declaration of attorney Anthony DiPiero establishes that Defendant has paid a total of $4,889.98 and has not made a payment since January 25, 2026. Plaintiff has sufficiently shown that Defendant breached the terms of the agreement by failing to make payments as owed. Plaintiff requests entry of judgment in the amount of $2,505.00 which includes remaining principal in the amount of $1,901.39 and court costs in the amount of $603.61. While the Memorandum of Costs filed on May 7, 2026 includes $603.61 in costs, the parties stipulated to a specific amount of $543.61 for costs, not costs pursuant to a Memorandum of Costs. Therefore, the judgment will be $2,445.00 which is comprised of the remaining principal and costs in the amount of $543.61. 2

The Motion is GRANTED. The dismissal is set aside and Judgment for the Plaintiff will be entered in the amount of $2,445.00. Plaintiff provided a proposed Order and proposed Judgment, both of which will be modified to reflect the Court’s ruling.

IN RE: CARTER