JPMORGAN CHASE BANK N.A. vs BRIANNA M HUTH
Motion to set aside dismissal and enter judgment
Motion type
Monetary amounts referenced
Parties
Ruling
(Norwalk Courthouse: Dept. Y) August 26, 2026 DEPARTMENT Y LAW AND MOTION RULINGS
vs RICHARD ARELLANO Tentative Ruling: On August 4, 2026, the Court specially set the following motions filed by Defendant Richard Arellano ("Defendant"), which were filed by Defendant on July 29, 2026, for hearing on August 26, 2026: (1) Motion to Strike Plaintiff's Premature Memorandum of Costs; (2) Motion re Timing of Plaintiff's Witness Disclosure filed by Defendant; and (3) Motion Regarding the Admissibility of Plaintiff's Challenged Documentary Evidence.
In its Minute Order dated August 4, 2026, the Court requested that Defendant review the motions to determine whether they should remain on calendar. The Court has not received notice from Defendant that any of the motions should be taken off calendar. The Court also stated pursuant to the deadlines set forth in the Code of Civil Procedure, the parties could file oppositions and/or replies.
Motion to Strike Plaintiff's Premature Memorandum of Costs The Court has read and considered Defendant's Motion to Strike Plaintiff's Premature Memorandum of Costs ("Motion to Strike"). No opposition has been filed by Plaintiff Capital One, N.A. ("Plaintiff"). The Court notes that in expedited collections matters, plaintiffs often file and serve memoranda of costs prior to trial together with other trial documents. As such, the Court denies Plaintiff's Motion to Strike without prejudice.
Motion re Timing of Plaintiff's Witness Disclosure filed by Defendant The Court has read and considered Defendant's Motion Regarding the Timing of Plaintiff's Witness Disclosure And Request for Appropriate Evidentiary Relief ("Motion Re Timing of Witness Disclosure"). No opposition has been filed by Plaintiff. In the motion, Defendant asks the Court to find that the timing of Plaintiff's witness disclosure prejudiced Defendant's ability to prepare for the testimony of Plaintiff's witnesses and, on that basis, to limit or exclude the testimony of Plaintiff's witnesses.
Plaintiff filed and served its Statement of Witnesses and Evidence on May 28, 2026. Defendant received it on June 3, 2026. The matter was initially set for trial on June 2, 2026 and was subsequently continued by the Court to August 4, 2026. Over Plaintiff's objection, the Court then continued the trial from August 4, 2026 to September 15, 2026. Due to that continuance, any prejudice to Defendant from any delay in receipt of the Statement of Witnesses and Evidence has been eliminated. Accordingly, the Court denies Defendant's Motion Re Timing of Witness Disclosure without prejudice. Clerk to give notice.
Motion Regarding the Admissibility of Plaintiff's Challenged Documentary Evidence The Court has read and considered Defendant's Motion Regarding the Admissibility of Plaintiff's Challenged Documentary Evidence ("Motion Re Evidence"). No opposition has been filed by Plaintiff. In the motion, Defendant requests that the Court find Plaintiff has not satisfied the foundational and other evidentiary requirements under the California Evidence Code to admit unspecified "challenged documentary evidence," and on that basis to limit or exclude such evidence. Defendant does not identify the particular documents or exhibits he seeks to exclude. Accordingly, Defendant's Motion Re Evidence is denied without prejudice. To the extent Defendant has specific objections to particular evidence offered at trial, Defendant may raise those objections at that time. Defendant to give notice.
Case Number: 25NWLC37433 Hearing Date: August 26, 2026 Dept: Y 25NWLC37433: JPMORGAN CHASE BANK N.A. vs BRIANNA M HUTH Tentative Ruling: The Court has read and reviewed the moving papers filed by Plaintiff JPMorgan Chase Bank, N.A. ("Plaintiff"), including the supporting declaration.
The Court takes judicial notice of the Stipulation Agreement; Jurisdiction Retained Under Code of Civil Procedure Section 664.6 signed by Defendant on September 14, 2025 and filed with the Court on September 25, 2025. The Court also takes judicial notice of the Order on Settlement Agreement and Stipulation for Judgment entered by the Court on July 1, 2025. The Court notes that Plaintiff has advised that Defendant has made payments totaling $630.00, leaving an outstanding amount of $4,686.22 due and owing.
Based on the Stipulation signed by the parties and the moving papers submitted by Plaintiff, Plaintiff's motion is GRANTED. The Order dismissing this action pursuant to Code of Civil Procedure section 664.6 is set aside. Judgment is hereby entered in favor of Plaintiff JPMorgan Chase Bank, N.A. and against Defendant Brianna M. Huth for the remaining sum of $4,686.22 plus court costs of zero, for a total judgment of $4,686.22. The Proposed Judgment will be signed by the Court. Plaintiff to give notice.
Case Number: 25NWLC61341 Hearing Date: August 26, 2026 Dept: Y 25NWLC61341: TD BANK USA N.A. vs CRISTINE PACHECO Tentative Ruling: The Court has read and considered the moving papers filed by Plaintiff TD Bank USA, N.A. ("Plaintiff"), including the declaration of counsel.
The Court finds that Plaintiff mailed Requests for Admission (RFA) to Defendant on March 23, 2026, and provided proof of service by mail. Plaintiff did not receive any responses from Defendant. Plaintiff mailed its Motion to Deem Requests for Admission Admitted to Defendant on July 23, 2026, and provided proof of service by mail. The address for Defendant on both proofs of service match the address that is listed on the Answer. Having considered the moving papers, Plaintiff's Motion to Deem Requests for Admission Admitted is GRANTED. Plaintiff to give notice.
Case Number: 25NWLC62095 Hearing Date: August 26, 2026 Dept: Y 25NWLC62095: CAPITAL ONE N.A. vs SYLVIA CHAVOLLA Tentative Ruling: The Court has read and considered the moving papers filed by Plaintiff Capital One, N.A. ("Plaintiff"), including the declaration of counsel.
The Court finds that Plaintiff mailed Requests for Admission (RFA) to Defendant on March 23, 2026, and provided proof of service by mail. Plaintiff did not receive any responses from Defendant. Plaintiff mailed its Motion to Deem Requests for Admission Admitted to Defendant on July 23, 2026, and provided proof of service by mail. The address for Defendant on both proofs of service match the address that is listed on the Answer. Having considered the moving papers, Plaintiff's Motion to Deem Requests for Admission Admitted is GRANTED. Plaintiff to give notice.
Case Number: 26NWLC11524 Hearing Date: August 26, 2026 Dept: Y 26NWLC11524: LVNV FUNDING LLC vs ALEJANDRO SALAS Tentative Ruling: The Court has read and considered the moving papers filed by Plaintiff LVNV Funding LLC ("Plaintiff"), including the declaration of counsel.
The Court finds that Plaintiff mailed Requests for Admission (RFA) to Defendant on May 11, 2026, and provided proof of service by mail. Plaintiff did not receive any responses from Defendant Alejandro Salas ("Defendant"). Plaintiff mailed Defendant its Motion to Deem Facts As Admitted on July 10, 2026, and provided proof of service by mail. Defendant's address on both proofs of service match the address that Defendant identified on the Answer. Having considered the moving papers, Plaintiff's Motion to Deem Facts As Admitted is GRANTED.
The Court has reviewed Plaintiff's request for sanctions of $810.00, including its attorney's fees for the preparation of this motion as well as filing costs. The Court finds Plaintiff's request unreasonable and disproportionate for a collections case. Nonetheless, the Court AWARDS sanctions in favor of Plaintiff and against Defendant Alejandro Salas in the amount of $310.00 (1 hour for the preparation of the motion at the hourly rate at $250 and filing costs of $60).
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