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Plaintiff’s Motion for Reconsideration and Related Relief
Judge Mosbarger – Law & Motion – Wednesday, April 8, 2026 @ 9:00 AM TENTATIVE RULINGS
1. 24CV02093 PEDERSEN, ZACHARY R V. FCA US LLC EVENT: Plaintiff’s Motion for Terminating or Issue Sanctions; Request for Monetary Sanctions Plaintiff’s Motion for Terminating or Issue Sanctions; Request for Monetary Sanctions is granted in part.
While the Court is not inclined to grant terminating, issue, or evidentiary sanctions based on this record (see, Liberty Mutual Fire Ins. Co. v. LcL Administrators, Inc. (2008) 163 Cal.App.4th 1093), the Court does direct Defendant to provide further responses, limited to the identification of the specific pages and/or bates numbering where the responsive documents can be found. For example, Defendant states that “the four (4) documents the Court identified by number, along with any organizational charts for the relevant period and any agreements, contracts, or operating procedures governing its customer service call centers, are located within the CAC Policies and Procedures”, but fails to reference where in the CAC Policies and Procedures such documents can be found. The specific identification of these documents shall be made within 7 days’ notice of the Court’s order.
The request for further monetary sanctions is denied. Counsel for the Plaintiff shall submit a revised form of order consistent with this ruling within two weeks.
The parties are reminded that Butte County Local Rule 1.9.D. requires that Trial Readiness Conference Statements be filed 5 Court days prior to the hearing. Thus, Trial Readiness Conference Statements are to be filed and served no later than April 16, 2026 by 4:00 p.m. Failure to do so will result in sanctions.
2. 24CV03076 ROSE, SYMBA V. WORK TRAINING CENTER FOR THE HANDICAPPED, INC EVENT: Unopposed Motion for Final Approval of Class and PAGA Settlement and Attorneys’ Fees and Costs Plaintiff’s Unopposed Motion for Preliminary Approval of Class and PAGA Settlement is granted.
The Court will sign the form of order submitted by counsel with the addition of the final compliance hearing date on October 7, 2026 at 10:30 a.m., and a deadline for filing the Declarations attesting to compliance no later than 7 calendar days before the hearing. The Case Management Conference on April 8, 2026 at 10:30 a.m. is vacated.
3. SABRINA AHRENS GRAVELLE ADMINISTRATOR FOR THE ESTATE OF DEANNE ELIZABETH OSBORN V. OSBORN, RONALD ET AL EVENT: Plaintiff’s Motion for Reconsideration and Related Relief Defendant NBS Default Services, LLC’s (“Defendant” herein) Request for Judicial Notice is granted.
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The Motion was filed on February 23, 2026, but not served on the various parties until between March 16, 2026 and March 18, 2026, which does not satisfy the notice requirements of Code of Civil Procedure §1005(b). Notice is therefore insufficient, 1
and the Motion is denied. However, even if the Court were to consider the Motion given the lack of proper notice, the filing requirements for a motion to set aside under Code of Civil Procedure §473(b) are mandatory and jurisdictional. See Code of Civil Procedure §473(b); Manson, Iver & York v Black (2009) 176 Cal.App.4th 36, 42; Sporn v Home Depot, Inc. (2005) 126 Cal.App.4th 1294; See also, Pulte Homes Corp. v Williams Mechanical, Inc. (2016) 2 Cal.App.5th 267, 273 (trial court could not set aside default when motion for relief from default and default judgment was filed less than 6 months after entry of default judgment but more than 6 months after entry of default; it also could not set aside default judgment because doing so would be "an idle act," since defendant would still be in default and could not oppose entry of new default judgment).
Here, the deadline to file and serve a motion to set aside the judgment was November 27, 2025. However, the instant motion was not filed and served until February 23, 2026. Thus, the motion is untimely, the Court lacks jurisdiction under Code of Civil Procedure §473(b), and the motion is denied on that basis as well.
In regard to Plaintiff’s request for reconsideration under Code of Civil Procedure §1008, that request is also untimely. Code of Civil Procedure §1008(a) states that “...any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order...” make application to the Court for reconsideration. Here, the judgments of dismissal in favor of Defendants NewRez, Shellpoint and Brynwood Park were entered on May 27, 2025, with notice of entry mailed to all parties on June 17, 2025, and Defendant was bound by these judgments pursuant to its Declaration of Non-monetary Status. Any motion for reconsideration of these judgments were to be filed no later than June 27, 2025. Plaintiff’s Motion for Reconsideration was filed more than eight months after notice of entry of the judgments is untimely, and the Motion is denied on that basis as well.
Finally, as to the other authorities cited by Plaintiff in support of the Motion, the Court finds that Code of Civil Procedure §473(d) [clerical mistakes], Code of Civil Procedure §473(a) [amendment of pleadings], Code of Civil Procedure §187 [Court’s authority to use any means necessary to carry into effect its jurisdiction], and Plaintiff’s general due process and constitutional rights, do not warrant granting the requested relief. The Motion is denied in its entirety.
4. 24CV04515 R, L V. BURGER KING CORPORATION ET AL EVENT: Plaintiff L.R., a Minor, by and Through her Guardian ad Litem Mary Hawkin’s Motion to Compel Compliance with Subpoena Directed to Non-Party Chico Police Department The Motion is granted.
The Court finds that Plaintiff has established good cause for the disclosure of the subject information, the Chico Police Department is directed to comply with the subpoena and produce all requested records without redaction within 14 days of the hearing. The Court will sign the form of order submitted by counsel.
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