Plaintiff's Motion for Judgment on the Pleadings
Case No.: VCL318233 Date: May 18, 2026 Time: 8:30 A.M. Dept. 7-The Honorable Nathan D. Ide Motion: Plaintiff's Motion for Judgment on the Pleadings Tentative Ruling: To grant the motion
Facts In this breach of contract action, Plaintiff moves for judgment on the pleadings based on admissions deemed admitted. Plaintiff seeks the principal amount of $13,720.94 plus costs and attorneys' fees of $1,370.
On October 13, 2025, the Court granted Plaintiff's motion to deem admissions admitted as to the following: 1. Admit that YOU had an ACCOUNT with PLAINTIFF. (For purposes of these requests the term ACCOUNT refers to account upon which this action is based, ending in 2746, Moreover, the term PLAINTIFF refers to WELLS FARGO BANK, N.A. or the assignor of the account to PLAINTIFF if the account was not opened with PLAINTIFF; the term YOU or YOUR refers to the responding party.)
2. Admit that monthly ACCOUNT statements were sent to YOU requesting minimum payments.
3. Admit that YOU never notified PLAINTIFF of a dispute involving the balance of any ACCOUNT statement.
4. Admit that as of February 18, 2025 there was a balance owing of at least $13,720.94 on the ACCOUNT.
5. Admit that since February 18, 2025 YOU have not paid this propounding party $13,720.94 or any other amount on the ACCOUNT.
6. Admit that YOU owe this propounding party at least $13,720.94 on the ACCOUNT exclusive of any amounts incurred after February 18, 2025.
7. Admit that the Consumer Credit Card Customer Agreement and Disclosure Statement Visa, applicable to the Account in this action is attached hereto as "Exhibit A".
8. Admit that "Exhibit A" contains a provision entitling the prevailing party to attorney fees.
9. Admit that YOU do not have CREDIT DEFENSE (for purposes of these requests, CREDIT DEFENSE refers to any debt cancellation agreement between YOU and PLAINTIFF wherein PLAINTIFF has agreed to cancel any portion of a debt YOU owe on your ACCOUNT).
10. If YOU have CREDIT DEFENSE, admit that YOU do not qualify for its benefits.
11. Admit that the affirmative defenses you have asserted in this matter lack merit and evidentiary support.
Plaintiff indicates an attempt to meet and confer with Defendant. No opposition to the motion appears filed.
Meet and Confer "Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings." (
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However, "[a] determination by the court that the meet and confer process was insufficient shall not be grounds to grant or deny the motion for judgment on the pleadings." (Code Civ. Proc., § 439, subd. (a)(4).)
Authorities and Analysis A motion for judgment on the pleadings is used to challenge a pleading in the same manner as a general demurrer, i.e., the challenged pleading (1) establishes that the court does not have subject matter jurisdiction or (2) does not allege facts sufficient to support a cause of action or defense. (Code Civ. Proc. § 438(c)(1), see International Assn. of Firefighters v. City of San Jose (2011) 195 Cal.App.4 th 1179,1196; Bufil v. Dollar Financial Group (2008) 162 Cal.App.4 th 1193, 1202.)
Like a demurrer, the grounds for this motion must appear on the face of the pleading or be based on facts capable of judicial notice, including court records. (See Bufil, at 1202; Stencel Aero Engineering Corp. v. Superior Court (1976) 56 Cal.App.3d 978, 986, and fn. 6.)
Here, Plaintiff seeks judgment on the basis of its requests for admissions, deemed admitted by the Court. A "deemed admitted order established, 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, 979.)
Further, this motion may be based upon "matters properly the subject to judicial notice." (Saltarelli & Steponovich v. Douglas (1995) 50 Cal.App.4th 1, 5.)
Judicial notice may be taken "of a party's admissions or concessions, but only in cases where the admissions "cannot reasonably be controverted,' such as in answer to interrogatories or request for admissions, or in affidavits and declaration filed on the party's behalf." (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485.)
Breach of Contract To establish a claim for breach of contract, Plaintiff must establish: (1) the existence of the contract, (2) Plaintiffs' performance or excuse for nonperformance, (3) defendants' breach, and (4) the resulting damage to Plaintiff." (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.)
Here, the first element is met by Request Nos. 1 and 2. The second element is met by Nos. 3, 4, and 5. The third element is met by Nos. 3, 4, 5 and 6. The fourth element is met by No.
6.
Therefore, the Court grants the motion and will enter judgment as requested.
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.
Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.
Re: Wells Fargo Bank, N.A. vs. Aceves, Yvette M