CAPITAL ONE N.A. vs ALBERTA CASEY
Motion to Deem Requests for Admission Admitted
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(Norwalk Courthouse: Dept. Y) August 27, 2026 DEPARTMENT Y LAW AND MOTION RULINGS
BANK (USA) N.A. vs ROSEANNE S FLORES Tentative Ruling: The Court has read and considered the moving papers filed by Plaintiff Capital One Bank (USA), 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 October 4, 2021 and filed with the Court on October 13, 2021. The Court also takes judicial notice of the Order on Settlement Agreement and Stipulation for Judgment entered by the Court on October 20, 2021.
The Court notes that Plaintiff has advised that Defendant has made payments totaling $8,251.88, leaving an outstanding amount of $795.00 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 Capital One Bank (USA), N.A. and against Defendant Roseanne S. Flores for the principal sum of $795.00 plus court costs of $577.00, for a total judgment of $1,372.00. The Proposed Judgment will be signed by the Court. Plaintiff to give notice. Case Number: 25NWLC53046 Hearing Date: August 27, 2026 Dept: Y 25NWLC53046: WELLS FARGO BANK, N.A. vs JERAMY TREJO Tentative Ruling:
The Court has read and considered all moving documents filed by Plaintiff Wells Fargo Bank, N.A. ("Plaintiff") in support of its motion for summary judgment, including the separate statement and supporting evidence. Plaintiff's motion for summary judgment was filed on May 15, 2026 and set for hearing on August 27, 2026. No opposition has been filed by Defendant Jeramy Trejo ("Defendant").
The Court finds that Plaintiff has met the initial burden of showing that there are no defenses to its cause of action for breach of contract by proving each element of the cause of action entitling Plaintiff to summary judgment. Plaintiff has shown, through admissible evidence, that Defendant was issued the subject credit card by Plaintiff; Defendant was the only person authorized to make charges on the account; Defendant received monthly statements for the account; and there is no record of any unresolved disputes on the account. (Plaintiff's Separate Statement of Undisputed Material Facts ("UMF") Nos. 1-9.)
The evidence further shows Defendant's last payment on the account was on June 9, 2024 in the amount of $250.00, and Defendant owes Plaintiff an unpaid balance of $10,709.31 on the credit account. (Id., UMF Nos. 10-12.)
The burden having shifted to Defendant, the Court finds Defendant has failed to set forth specific facts showing that a triable issue of material fact exists as to any of the elements of the causes of action for breach of contract or that there is any defense thereto required by Code of Civil Procedure section 437c(p)(1). The Court finds that Plaintiff is entitled to judgment as a matter of law and GRANTS Plaintiff's Motion for Summary Judgment as to its cause of action for breach of contract. Judgment is hereby entered in favor of Plaintiff Wells Fargo Bank, N.A. and against Defendant Jeramy Trejo in the principal sum of $10,709.31, plus reasonable attorney's fees and costs.
The Proposed Order will be signed by the Court. Plaintiff must submit a Memorandum of Costs and a declaration in support of reasonable attorney's fees as well as a Proposed Judgment for the Court's review and signature. Plaintiff to give notice. Case Number: 25NWLC55834 Hearing Date: August 27, 2026 Dept: Y 25NWLC55834: CAPITAL ONE N.A. vs ALBERTA CASEY 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 counsel for Defendant on March 20, 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 counsel for Defendant on July 21, 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: 25NWLC67722 Hearing Date: August 27, 2026 Dept: Y 25NWLC67722: WELLS FARGO BANK, N.A. vs EMERSON APARICIO, AN INDIVIDUAL Tentative Ruling:
The Court has read and considered the moving papers filed by Plaintiff Wells Fargo Bank, N.A. ("Plaintiff") in support of its Motion for Judgment on the Pleadings, including the meet and confer letter dated June 25, 2026. No opposition has been filed by Defendant Emerson Aparicio ("Defendant").
Pursuant to California Evidence Code sections 452 and 453, the Court GRANTS Plaintiff's request for the Court to take judicial notice of: Plaintiff's Complaint filed on November 10, 2025; The Court's Order Deeming Plaintiff's Requests for Admission as Admitted entered on June 22, 2026; and Plaintiff's Motion to Deem Requests for Admission Admitted, and the Requests for Admission submitted in support of that motion, filed on or about April 2, 2026.
The Court finds the Request for Admissions admitted cannot reasonably be controverted at this stage of the proceedings. The Request for Admissions are tantamount to Defendant admitting the causes of action alleged by Plaintiff. Plaintiff's Motion for Judgment on the Pleadings is GRANTED as the complaint states facts sufficient to constitute a cause of action and the Answer in conjunction with the admissions deemed admitted does not state facts sufficient to constitute a defense. The Court orders Judgment in favor of Plaintiff and against Defendant Emerson Aparicio for the principal sum of $13,990.92 plus costs in the amount of $430.00, for a total Judgment of $14,420.92. The Proposed Judgment will be signed by the Court. Plaintiff to give notice. | Home -->)" -->
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