Portfolio Recovery Associates Llc Vs. William D Byer Jr

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.

Re: Wells Fargo Bank, N.A., v. Jones Superior Court Case No. 21CECG02532 Hearing Date: July 25, 2024 (Dept. 503) Motion: by Plaintiff to Vacate Judgment Tentative Ruling: To grant. The judgment entered against Ken L. Jones on December 04, 2023 is vacated and the complaint is dismissed without prejudice. Explanation: “The law is well settled that ‘(i)f the plaintiff or defendant was dead before the action was begun, the judgment is void and subject to collateral attack, because he Never was a party, i.e., the court never acquired jurisdiction of the person.” (Walter v. National Indem. Co. (1970) 3 Cal.App.3d 630, 634, citations omitted.) “The cases enunciating this rule were concerned with judgments, in which there was a living party of whom the court could have acquired jurisdiction, but of whom it only acquired apparent but not actual jurisdiction because of lack of service of process or unauthorized appearance of an attorney. Because of the death … there was no defendant over whom the court could acquire or exercise jurisdiction.” (Garrison v. Blanchard (1932) 127 Cal.App. 616, 621.) Since defendant passed away on October 23, 2020, which was before this action’s commencement, there was no defendant over whom the court could acquire or exercise jurisdiction. Accordingly, the plaintiff’s motion to vacate the judgment entered against defendant on December 4, 2023, is granted. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order. Tentative Ruling Issued By: jyh on 7/23/24 . (Judge’s initials) (Date)

CAPITAL ONE, N.A. VS. BAVETTA Case Number: 22CVG-00979 Tentative Ruling on Motion to Vacate Dismissal and Enter Judgment Per CCP § 664.6: Plaintiff Capital One, N.A. seeks to vacate the dismissal entered on March 2, 2023 and enforcement of the Settlement Agreement filed on March 1, 2023. Although the Motion was timely noticed, Defendant Amberly Bavetta did not file an Opposition. Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Stipulation Agreement filed with the Court on March 1, 2023. This request is granted pursuant to Evid. Code §§ 452(d) and 453. Merits. CCP § 664.6 provides the Court with authority, upon motion, to enter judgment pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. If requested by the parties, the Court also retains jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Id. The parties entered into a stipulation on February 14, 2023. The terms of the agreement are straightforward and set forth that Defendant is to pay Plaintiff the sum of $7,961.70 in monthly installments of $443 from February 20, 2023 to June 20, 2024 with a final payment of $430.70 due by July 20, 2024; that failure to make timely payments will result in Defendant’s default; and that in the event of a default, Plaintiff may obtain judgment pursuant to CCP § 664.6 for $7,961.70 plus court costs pursuant to a Memorandum of Costs, less any payments made to date, and may execute judgment immediately. The agreement also includes a CCP § 1542 (general release) waiver. The agreement does not provide for attorney’s fees. The declaration of attorney Brian Langedyk establishes that Defendant has paid $3,494.70 towards the agreed settlement amount and has failed to make a payment since March 25, 2024. Plaintiff has presented sufficient evidence that Defendant is in default of the Stipulation Agreement. Plaintiff filed a Memorandum of Costs that provides for costs in the amount of $598.50. The motion is GRANTED. The Court having retained jurisdiction pursuant to CCP § 664.6, the dismissal is set aside. Judgment will be entered in the amount of $4,012.00 ($7,961.70 principal minus $3,494.70 in payments made) plus $598.50 in costs for a total of $4,610.50. Plaintiff provided a proposed Order and proposed Judgment that will be executed by the Court.

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.

S-CV-0051944 JPMorgan Chase Bank N.A. vs. Tucker, Deram K ** NOTE: telephonic appearances are strongly encouraged Appearance required. Complaint is not at issue - Need responsive pleading, default or dismissal as to Defendant(s): Tucker, Deram K Additionally, no proof of service has been filed as to Defendant(s): Tucker, Deram K

The court having read and considered Plaintiff's unopposed Motion to Add Judgment Debtor Amanda Jensen's Alias to Judgment filed June 19, 2024 and good cause appearing, Plaintiff's Motion is GRANTED. Hon. George J. Abdallah, Jr. Judge of the Superior Court

23CV-03604 Synchrony Bank v. Dianna Rodriguez Motion for Order that Requests for Admission be deemed admitted 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.

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.