Motion to Vacate Dismissal and Enter Judgment

Moving Party: Plaintiff American Express Centurion Bank

Responding Party:  Defendant Mark R. Willig

Ruling: Plaintiff’s Motion to Vacate Dismissal and Enter Judgment is granted. Judgment shall be entered in favor of Plaintiff American Express Centurian Bank and against Defendant Mark R Willig in the amount of $16,255.47.

The Stipulation for Conditional Entry of Judgment provides for retained jurisdiction and indicates that it is conditional. (See ROA No. 37.) Similarly, the Order for Entry of Judgment indicates that the Court shall retain jurisdiction pursuant to Code of Civil Procedure section 664.6. (See ROA No. 46.). Plaintiff has demonstrated the existence of an enforceable settlement agreement signed by the parties. (Penuela Decl., Ex. A.) The settlement agreement specifically provides for judgment in favor of Plaintiff and against Defendant in the event of default. (Id.) Plaintiff has established default. (See Penuela Decl., ¶¶ 7-9.) Defendant has not filed an Opposition and, thus, does not dispute that he is in default or contend that he has timely cured.

Moving party to give notice.