Advantage Cu Vs. Dustin Ohmstede

Parties, or counsel if represented, are ordered to appear personally or remotely to discuss the status of the case and to set trial dates in Dept. 2. You must notify the court and all other parties that you intend to appear remotely using form RA-010. In addition to providing notice, a Zoom link must be requested no later than one (1) court day before the hearing and shall be submitted to the Court through the Court’s website at https://www.amadorcourt.org/gi-zoomRequestForm.aspx.

Matter on the Law and Motion Calendar for Friday, July 19, 2024, Line 12. CROSS DEFENDANT STUDENT LOAN SOLUTIONS, LLC, CHRISTOPHER RUH AND GOLDSMITH & HULL, APC's MOTION TO STRIKE 1ST Amended CROSS COMPLAINT. Continued to August 2, 2024. The opposing party shall immediately provide courtesy copies of the opposition with a cover letter reflecting the new hearing date. (SF Local Rule 2.7B.) Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person should report to Dept. 301. However, anyone intending to appear remotely should use the regular Zoom information for Dept. 302's Law & Motion Calendar for 9:30 a.m. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RCE)

23CV-04072 Jefferson Capital Systems LLC v. Francisco Gonzalez Court Trial Appearance required. Parties who wish to appear remotely must contact the clerk of the court at (209) 725-4111 to seek permission and arrange for a remote appearance.

No appearances necessary. This is a collections case, as defined in Rule 3.740 of the California Rules of Court, filed on January 12, 2024. A proof of service is filed. Plaintiff must obtain default judgment within 360 days of filing the complaint. (Cal. Rules of Court, Rule 3.740(f).) This matter is continued for further CMC to December 4, 2024 at 1:30 p.m. in Dept 3.

PORTFOLIO RECOVERY ASSOCIATES, LLC VS. COMBEST Case Number: 23CVG-01320 Tentative Ruling on Motion for Judgment on the Pleadings: The present motion is unopposed. This collection case was filed on December 18, 2023. Plaintiff is a debt buyer and sole assignee of an agreement entered into by Defendant on a credit card account with Plaintiff’s predecessor Synchrony Bank. The Complaint alleged causes of action for Account Stated and Open Book Account, with a prayer for $2,523.69 against Defendant Jennifer Combest. Defendant filed her Answer on January 26, 2024. On April 11, 2024, Plaintiff filed a motion to deem matters admitted. Defendant did not oppose the motion to deem matters admitted, and the Court granted the motion on May 13, 2024. Meet and Confer: “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating” the attempts made to meet and confer. CCP § 439(a)(3). The Declaration of Gregory Parks provides sufficient evidence of Plaintiff’s meet and confer efforts. Request for Judicial Notice: The Court GRANTS Plaintiff’s request for judicial notice of the Court’s May 13, 2024 Order that Matters in Request for Admission be Admitted, pursuant to Evid. Code § 452(d) and 453. Merits of Motion: CCP § 438(c)(1)(A) provides a plaintiff may move for judgment on the pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall appear on the face of the challenged pleading or from any other matter of which the court may take judicial notice. CCP § 438(d). The Court may take judicial notice of responses to discovery records pursuant to Evidence Code §§ 452(d) and 453. Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485. The essential elements of an account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due. Leighton v. Forster (2017) 8 Cal. App. 5th 467, 491. “A ‘book account’ is ‘a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith ....’ ” [Citations.] The creditor must keep these records in the regular course of its business and “in a reasonably permanent form,” such as a book or card file. (Code Civ. Proc., § 337a.) “A book account is ‘open’ where a balance remains due on the account.” [Citation.] Pro. Collection Consultants v. Lujan (2018) 23 Cal. App. 5th 685, 690–91. This Court’s Order, entered May 13, 2024, deemed admitted Plaintiff’s requested admissions 1-9. The admissions establish that: 1) Defendant had a credit account ending in 8363, 2) the credit account was issued by Synchrony Bank, 3) Defendant received periodic statements regarding the account, 4) as of December 18, 2023, the balance owed on the account was $2,523.69, 5) Defendant has not made any payments on the account since December 18, 2023, 6) Defendant submitted a payment toward the outstanding debt on the account within 4 years immediately prior to December 18, 2023, 7) Plaintiff was assigned the debt, 8) Plaintiff is the current owner of the debt, and 9) Defendant received through the US mail a pre-legal notification from Plaintiff regarding the account. Defendant’s admissions establish the required elements of each cause of action. Plaintiff’s Motion for Judgment on the pleadings is GRANTED. The admissions establish that a principal sum of $2,523.69 is due and owing. That sum is awarded. Plaintiffs have also submitted a memorandum of costs for $369.50, comprising the filing and service of this motion. The amount appears reasonable and is awarded. A proposed order and judgment have been lodged with the Court and will be executed.

CREDITORS ADJUSTMENT BUREAU, INC., VS. CASTRO Case Number: 23CVG-00362 Tentative Ruling on Motion for Terminating Sanctions: Plaintiff Creditors Adjustment Bureau, Inc. moves for terminating sanctions by striking Defendant Vincent Castro’s answer. Plaintiff also requests sanctions in the amount of $1,572.75 for each motion. Procedural Defect: As a procedural matter, this motion was served both via mail and email on May 9, 2024, and set for a hearing date of June 7, 2024. CCP § 1005(b) requires all moving papers be served 16 court days before the hearing. This notice period is extended by five calendar days if the motion is served by mail. Id. For service by email, the notice period is extended by two court days. CCP § 1010.6(a)(3). This timeframe is calculated by counting backwards from the hearing date but excluding the hearing date. CCP § 12c. Starting with the June 7, 2024, hearing date and counting backwards 16 court days (excluding the Court holiday of May 27, 2024) then five calendar days for out of state mailing this matter should have been served by mail no later than, May 4, 2024. For email the last day to serve the motion was April 24, 2024. The motion was served on May 7, 2024, and was untimely under either calculation. Based on insufficient statutory notice, the motion is denied. Merits of Motion: Even if the motion had been timely noticed, terminating sanctions are not warranted. Terminating sanctions are a “drastic penalty and should be used sparingly.” Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604. A terminating sanction should not generally be imposed by the court until less severe sanctions have been attempted and were unsuccessful. Id. No justification has been provided as to why terminating sanctions are appropriate in this context instead of lesser evidentiary or issue sanctions. Without additional evidence, terminating sanctions would be premature. The motion is DENIED. A proposed order was lodged with the Court which will be modified to reflect the denial. Review Hearing: This matter is also on calendar for review regarding trial re-setting. The Court designates this matter as a Plan II case and intends on setting it for trial no later than October 15, 2024. An appearance is necessary on today’s calendar to discuss available trial dates.

No appearances necessary. This is a collections case, as defined in Rule 3.740 of the California Rules of Court, filed January 12, 2024. A proof of service is filed. Plaintiff must obtain default judgment within 360 days of filing the complaint. (Cal. Rules of Court, Rule 3.740(f).) This matter is continued for further CMC to November 6, 2024 at 1:30 p.m. in Dept 3.

JEFFERSON CAPITAL CVSW2202562 MOTION TO ENFORCE SETTLEMENT SYSTEMS, LLC VS STAMPS Tentative Ruling: Hearing continued from April 25, 2024. No new documents or declarations filed. Court will hear from the parties at the hearing.