PCA Acquisitions V LLC vs Krishna Beberino

Background: This action commenced on January 12, 2023, by the filing of the complaint by plaintiff PCA Acquisitions V, LLC against defendant Krishna Beberino aka Krishna Marie Beberino for money due on account stated and open book account. By way of the complaint, plaintiff alleges that on February 23, 2018, Synchrony Bank provided defendant with a credit account that defendant used to make purchases, take cash advances, or make balance transfers, each time reaffirming her agreement to repay Synchrony Bank, and its successors in interest, for the amount of the purchases, cash advances, or balance transfers.(Compl., P. 2.) The debt balance at charge-off was $2,453.24, and the date of last payment was February 9, 2019. (Compl., P.P. 4, 5.) Prior to the commencement of the action, the account was assigned or otherwise transferred to plaintiff. (Compl., P. 8.)

On April 3, 2023, defendant answered the complaint with a general denial and several affirmative defenses. On April 18, 2024, plaintiff filed a conditional Notice of Settlement of Entire Case

Plaintiff and defendant settled the case by entering into a settlement agreement wherein no judgment would be entered against defendant so long as defendant paid an agreed settlement about in monthly installments. (Penuela decl., P. 4 & Exh. 1.) The terms of the stipulation require defendant to make a minimum payment of $72.00 on or before April 10, 2024, and thereafter pay a minimum of $72.00 on or before the 10th day of each consecutive month through and including February 10, 2026, followed by a final payment, by March 10, 2026, of $62.00. (Exh. 1, P. 1.)

Under the terms of the stipulation, as of January 20, 2026, defendant should have paid $1,718.00, but plaintiff received nothing. (Penuela decl., P. 5.) The owed balance on the debt is $2,453.24 in principal and $283.24 in costs. (Penuela decl., P. 7.) Plaintiff now moves, pursuant to Code of Civil Procedure section 664.6, for entry of judgment pursuant to the terms of the settlement agreement. The motion was properly served on defendant's counsel of record on March 25, 2026. Defendant has not filed opposition or any other response to the motion.

Analysis: Code of Civil Procedure section 664.6 provides: "(a) 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. "(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: "(1) The party. "(2) An attorney who represents the party. "(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf. "(c) Paragraphs (2) and (3) of subdivision (b) do not apply in a civil harassment action, an action brought pursuant to the Family Code, an action brought pursuant to the Probate Code, or a matter that is being adjudicated in a juvenile court or a dependency court. "(d) In addition to any available civil remedies, an attorney who signs a writing on behalf of a party pursuant to subdivision (b) without the party's express authorization shall, absent good cause, be subject to professional discipline."

"A court ruling on a motion under Code of Civil Procedure section 664.6 must determine whether the parties entered into a valid and binding settlement." (Hines v. Lukes (2008) Cal.App.4th 1174, 1182.) "If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement." (Id.)

A court hearing a motion brought under section 664.6 may "receive evidence, determine disputed facts, and enter the terms of a settlement agreement as a judgment", but may not "create the material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon." (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810.)

The terms of the stipulation include: " Terms. This Settlement Agreement resolves that certain credit account, bearing original account number *****5854, opened by Defendant with creditor Synchrony Bank. Defendant acknowledges that he/she/it owes the principal balance on the account in the amount of $2,453.24 and court costs incurred by Plaintiff associated with the preparation of this lawsuit, this stipulation and efforts to obtain judgment. (Collectively these amounts shall be referred to as ('Account Balance').

Defendant agrees to pay to Plaintiff and Plaintiff agrees to accept from Defendant as full and final settlement (resolution) of the above-entitled action the total amount of $1,718.00 ('Settlement Amount'). Defendant shall pay the Settlement Amount to Plaintiff by paying the minimum sum of $72.00 on or before April 10, 2024 and, thereafter, by paying the minimum sum of $72.00 on or before the 10th day of each consecutive month through and including February 10, 2026, followed by a final payment due on March 10, 2026 of $62.00 until the Settlement Amount is fully paid.

Defendant's payments shall be credited