Judge: Stephen P. Pfahler, Case: 21CHCV00415, Date: 2023-03-30 Tentative Ruling

Case Number: 21CHCV00415    Hearing Date: March 30, 2023    Dept: F49

Dept. F-49

Date: 3-30-23

Case 21CHCV00415

Trial Date: 4-17-23

JUDGMENT ON THE PLEADINGS

MOVING PARTY: Plaintiff, JPMorgan Case Bank

RESPONDING PARTY: Unopposed/Defendant, Amanda Heming

RELIEF REQUESTED:

Motion for Judgment on the Pleadings

SUMMARY OF ACTION

Plaintiff JPMorgan Chase Bank, N.A. alleges defendant Amanda Heming defaulted on a credit card account with an outstanding balance of $40,975.39.

On June 1, 2021, Plaintiff filed a complaint for common counts. Defendants answered on July 1, 2021.

RULING: Denied/Off-Calendar.

Plaintiff JPMorgan Case Bank moves for judgment on the pleadings to the complaint. The Notice of Motion was filed on March 21, 2023.

“All motions made pursuant to this subdivision shall be made pursuant to Section 1010.” (Code Civ. Proc., § 438, subd. (i)(2).)

“Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, … Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. ....”

(Code Civ. Proc., § 1005, subd. (b).)

“Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based. If any such paper has not previously been served upon the party to be notified and was not filed by him, a copy of such paper must accompany the notice. Notices and other papers may be served upon the party or attorney in the manner prescribed in this chapter, when not otherwise provided by this code. ...”

(Code Civ. Proc., § 1010.)

While Plaintiff filed its memorandum of points and authorities and request for judicial notice on January 18, 2023, the notice itself was filed nine (9) calendar days prior to the hearing, thereby rendering the motion untimely.

The trial date remains set for April 17, 2023. Because of the impending trial date, the court declines to continue the hearing and denies the motion as untimely.

Plaintiff to give notice.