Plaintiff Capital One’s Motion for Judgment pursuant to CCP 664.6
Month June 8, 2026 LAW AND MOTION CALENDAR PAGE 9 JUDGE: HONORABLE DAVID A. SILBERMAN, DEPARTMENT 11 ________________________________________________________________________
02:00 PM 24-CLJ-07647 CAPITAL ONE, N.A. VS. LUCAS NARAYAN-BURNS LINE 7
CAPITAL ONE, N.A. DOUGLAS S. WALLACE LUCAS NARAYAN-BURNS GARRETT CHARITY
PLAINTIFF: CAPITAL ONE’S MOTION FOR JUDGMENT PURSUANT TO CCP 664.6
TENTATIVE RULING: CONDITIONALLY GRANTED; ACTION REQUIRED BY PLAINTIFF
The Motion of Plaintiff Capital One Bank, N.A. (“Plaintiff”) to Enter Judgment Pursuant to Code of Civil Procedure Section 664.6 is GRANTED IN PART. Plaintiff establishes that Defendant Lucas Narayan- Burns (“Defendant”) defaulted in making payments pursuant to the Stipulation. Ren Decl., and Exh. A. Accordingly, Plaintiff is entitled to a judgment for up to $13,597.47.
Plaintiff also requests $508.56 court costs. The Stipulation provides for Plaintiff to recover court costs, but it does not specify an amount of court costs. Ren Decl., Exh. A., ¶ 6. While Plaintiff filed a Memorandum of Costs with this Motion, the Memorandum of Costs is premature because no judgment or dismissal has been entered. See Cal. Rules of Court, rule 3.1700. Plaintiff is directed to seek these costs, if it chooses to pursue them, pursuant to the procedure set forth in rule 3.1700.
It is strongly implied from the Ren declaration, but not clear, that the Defendant failed to make any payments under the agreement. If Plaintiff files a declaration and emails a courtesy copy to Dept11@sanmateocourt.org by Monday at 11:00 a.m. establishing unequivocally that no payments were made under the agreement, judgment will be entered against Defendant for $13,597.47. Plaintiff is to submit a modified proposed judgment for this amount to the Court. Failure to submit a timely declaration will result in denial of this motion.
NOTE: Since the filing and service of the Notice of Hearing and Amended Notice of Hearing, the court sent a Notice of Reassignment of this action to the parties. (See Notice of Reassignment for All Purposes filed April 30, 2026.) If this tentative ruling is contested, the hearing will take place in Department 11, which is located at 800 North Humboldt Street, San Mateo, CA, 94401, Courtroom G.
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Any party who contests a tentative ruling must email Dept11@sanmateocourt.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests.
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, plaintiff’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.