Discover Bank vs. Pence, Merrie L

Case No.: VCL320631 Date: June 9, 2026 Time: 8:30 A.M. Dept. 2-The Honorable Bret D. Hillman Motion: Motion for Entry of Judgment Pursuant to Stipulation Tentative Ruling: To grant the motion and enter judgment as requested.

Facts In this matter, Plaintiff sued Defendant for breach of contract, alleging $28,923.06 in damages.

On or about June 16, 2025, the parties stipulated to resolve this matter in the amount of the alleged sum as to monthly payments of $603 and a final payment of $582.06. The stipulation indicates Plaintiff may recover its costs in the event of default and that the Court shall retain jurisdiction under Code of Civil Procedure section 664.6 if the matter is dismissed.

This matter was dismissed July 22, 2025 and jurisdiction under section 664.6 was reserved.

On April 9, 2026, Plaintiff filed this motion to enforce the stipulation as a judgment pursuant to its terms and enter judgment in the amount of $25,890.83

Plaintiff indicates Defendant has made payments of $3,618.00. Plaintiff further indicates costs incurred of $585.77.

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 $25,890.83 consisting of the principal amount due of $28,923.06 plus the costs of $585.77 less credits for the payment of $3,618.00.