CAPITAL ONE, N.A. vs TORRES

24CV022607: CAPITAL ONE, N.A. vs TORRES 07/09/2026 Hearing on Motion for Judgment on the Pleadings in Department 16C

Tentative Ruling

Plaintiff Capital One, N.A.’s (“Plaintiff”) motion for judgment on the pleadings is UNOPPOSED and is GRANTED without leave to amend.

Plaintiff’s request for judicial notice of the Court’s August 12, 2025, order granting Plaintiff’s motion to deem matters admitted is unopposed and granted.

This is a debt collection action related to a credit card account Plaintiff issued to defendant Guillermo Torres. (“Defendant”).

On August 12, 2025, the Court granted Plaintiff’s unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits (1) he applied for and received a credit charge account ending in 6708 with Plaintiff; (2) he used the credit card to purchase goods and services; (3) he agreed to pay Plaintiff charges made on the credit card; (4) he received monthly statements regarding the credit account, (5) he did not cancel the credit card or report it lost or stolen; and (6) the principal amount of $16,840.45 due as set forth in the Complaint is correct.

A motion for judgment on the pleadings may be made upon the grounds that the complaint states facts sufficient to constitute cause(s) of action against the defendants and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc. § 438(c)(1)(A).) The Court must accept as true the factual allegations of the complaint and must give them a liberal interpretation. (Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 515- 516.) The Court can also properly take judicial notice of facts deemed admitted in consideration for a judgment on the pleadings. (Columbia Casualty Co. v.

Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 457, 468.) “[A] deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matters contained therein.” (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 983.) Since there is no reasonable possibility that the defect could be cured by amendment, a motion for judgment on the pleadings based on matters deemed admitted is properly granted without leave to amend. (Smiley v. Citibank (1995) 11 Cal. 4th 138, 164 fn. 18.)

When a motion for judgment on the pleadings is granted without leave to amend, judgment shall be entered forthwith in accordance with the motion. (Code Civ. Proc. § 438(h)(3).) “Absent leave of court to amend or withdraw the admission, no contradictory evidence may be introduced.” (Murillo v. Sup. Ct. (2006) 143 Cal.App.4th 730,736 (citations omitted).)

24CV022607: CAPITAL ONE, N.A. vs TORRES 07/09/2026 Hearing on Motion for Judgment on the Pleadings in Department 16C

Accordingly, the motion is GRANTED without leave to amend.

The Court will sign the proposed order and judgment submitted with the moving papers. Plaintiff may seek its costs pursuant to California Rules of Court rule 3.1700.

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Department 16C Oral Argument Request Line at (916) 874-1475 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV022607: CAPITAL ONE, N.A. vs TORRES 07/09/2026 Hearing on Motion for Judgment on the Pleadings in Department 16C

Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL- SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 54 WILL BE HEARD IN DEPARTMENT 16C OF THE NEW COURTHOUSE. ***