Preview
73-CV-24-5266
Filed in District Court
State of Minnesota
7/9/2024 10:54 AM
STATE OF MINNESOTA TN DISTRICT COURT
COUNTY OF STEARN S SEVENTH JUDICIAL DISTRICT
City 0f St Cloud,
Plaintiff, AFFIDAVIT OF IDENTIFICATION
vs.
Court File No: 7 3CO-24-1 35
Racheal Martin,
Defendant.
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
James I. Roberts being first duly swom, deposes and says that he is the attorney representing the
judgment creditor above named and said judgnent creditor is a corporation, . Affiant further states
that to the best of his knowledge the full name of the defendant is Racheal Martin, and the debtor's
Business address and occupation is unknown and that the debtor's residence is 111 21 Ave N,Saint
Cloud Mn 56303.
James I. Roberts
Attorney for Judgment Creditor
5280 15th Ave SE
sworn to before me
St. Cloud, MN 56304
fuleTHgggfnd
uy '
(320)253-4582
6418"", t, Wm}! Reg. No. 216343
Notary Public
BARBARA L. ROBERTS
i5i'r
fl
NOTARY PUBUG
MINNESOTA
My Commission Explms Jan. 31.
1
2025
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in Stearns County
Ruling
Creditors Adjustment Bureau, Inc., vs. Castro
Jul 26, 2024 |
23CVG-00362
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.
Ruling
SYNCHRONY BANK vs FUENTES
Jul 27, 2024 |
CVSW2400741
MOTION FOR ORDER TO DEEM
SYNCHRONY BANK VS
CVSW2400741 MATTERS ADMITTED BY SYNCHRONY
FUENTES BANK
Tentative Ruling: Motion is unopposed. Motion is GRANTED. Requests for Admission
propounded on March 21, 2024 are deemed admitted. Court to sign proposed order.
Ruling
Captial One, N.A. vs. Ward
Jul 27, 2024 |
23CVG-01215
CAPITAL ONE, N.A. VS. WARD
Case Number: 23CVG-01215
Tentative Ruling on Motion for Order that Matters in Request for Admission of Truth of Facts be
Admitted: Plaintiff Capital One, N.A. seeks an order deeming the truth of matters specified in Plaintiff’s Request
for Admissions, Set One. Despite being timely served, Defendant Leah Ward did not file an Opposition.
When a party fails to respond to a request for admission, the requesting party may move for an order deeming the
genuineness of documents and the truth of matters specified in the requests admitted. CCP § 2033.280(b). Failure
to respond also waives any objections to the discovery propounded. CCP § 2033.280(a). Plaintiff’s moving papers
sufficiently demonstrate that Defendant has failed to respond to the Request for Admissions within the required
time frame.
Unlike a motion to compel further responses, a motion to compel responses when no responses have been
provided does not require the propounding party to demonstrate good cause or that it satisfied a meet-and-confer
requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th
390. Despite there being no requirement to meet and confer, Plaintiff sent a meet and confer letter to Defendant,
through her former counsel, prior to filing the motion.
Monetary sanctions are mandatory per CCP 2033.280(c), however, Plaintiff did not seek monetary sanctions and
provided no evidence regarding attorney’s fees or other costs associated with bringing the motion. Sanctions
should only be imposed for “reasonable” expenses. CCP § 2023.030. The Court does not have information upon
which to make a finding that any amount of sanctions were for reasonable expenses and should not impose
sanctions.
The motion is GRANTED. Defendant is deemed to have admitted as true each of the items contained in
Plaintiff’s Request for Admissions, Set One. Objections are waived. Plaintiff provided a proposed Order that
will be executed by the Court. The Court confirms the trial date of January 21, 2025.
Ruling
Synchrony Bank vs Dianna Rodriguez
Jul 24, 2024 |
23CV-03604
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.
Ruling
Capital One, N.a. vs Yates
Jul 26, 2024 |
23CV46838
23CV46838
DEFENDANT’S MOTION TO ACKNOWLEDGE TITLE 48 CFR
AFFIDAVIT PRESENTED AS LETTER OF ROGATORY
On July 24, 2023, Capital One, N.A. (“Plaintiff”) filed a Complaint for common counts or
account stated against Deanna K. Yates (“Defendant.”) Defendant filed a response on
December 4, 2023.
Defendant now moves “to Acknowledge Title 48 CFR International Commercial Affidavit
Presented as Letter of Rogatory.” Plaintiff opposes the motion. For the reasons set forth
below, the Motion is denied.
The motion does not comply with Local Rule 3.3.7. All matters noticed for the Law &
Motion calendar shall Include the following language in the notice:
3.3.7 Tentative Rulings (Effective 1/1/18) All parties appearing on the Law
and Motion calendar shall utilize the tentative ruling system. Tentative
Rulings are available by 2:00 p.m. on the court day preceding the
scheduled hearing and can be accessed either through the court's website
or by telephoning 209-754-6285. The tentative ruling shall become the
ruling of the court, unless a party desiring to be heard so advises the
Court no later than 4:00 p.m. on the court day preceding the hearing
including advising that all other sides have been notified of the intention to
appear by calling 209-754-6285. Where appearance has been requested
or invited by the Court, all argument and evidence Is limited pursuant to
Local Rule 3 3. All matters noticed for the Law & Motion calendar shall
Include the following language in the notice:
Pursuant to Local Rule 3 3 7, the Court will make a tentative ruling on the
merits of this matter by 2:00 p.m. the court day before the hearing. The
complete text of the tentative ruling may be accessed on the Court's
website or by calling 209-754-6285 and listening to the recorded tentative
ruling. If you do not call all other parties and the Court by 4:00 p.m. the
court day preceding the hearing, no hearing wiII be held and the tentative
ruling shall become the ruling of the court [emphasis in original.]
Failure to include this language in the notice may be a basis for the Court to
deny the motion.
While the Court has authority to deny the motion on this ground alone, in the interests of
justice it has considered the substantive merits of the Defendant’s motion and denies
the motion on that basis.
Legal Analysis
Defendant appears to be arguing that Plaintiff’s complaint is invalid on the grounds of
what is known as the Sovereign Citizen Movement. The Sovereign Citizen movement is
a “loose grouping of litigants, commentators, and tax protestors who often take the
position that they are not subject to state or federal statutes and proceedings.” (United
States v. Weast (5th Cir. 2016), 811 F.3d 743, 746 fn. 5.) In essence, subscribers to this
movement will show up in court “asserting various theories to the effect the court has no
jurisdiction over them.” (Ibid.)
Courts across all jurisdictions have consistently designated these types of arguments as
frivolous.(See e.g., United States v. Studley (9th Cir. 1986), 783 F.2d 934, 937, fn. 4 [the
sovereign citizen argument has been “consistently and thoroughly rejected by every
branch of the government for decades. Indeed advancement of such utterly meritless
arguments is now the basis for serious sanctions imposed on civil litigants who raise
them”]; (U.S. v. Benabe, (7th Cir. 2011, 54 F.3d 753, 767 [such theories that a
“sovereign citizen” is beyond the jurisdiction of the courts “should be rejected
summarily, however they are presented”]; Ceja v. Birkholz, CV 22-1636-FWS(E) (C.D.
Cal. May 3, 2022) [citing numerous cases finding sovereign citizen claims to be frivolous
and without merit].)
California courts may exercise jurisdiction “on any basis not inconsistent with the
Constitution of this state or of the United States.” (Code of Civil Procedure §410.10.)
This Court has personal jurisdiction because Defendant was properly served with the
Summons and Complaint at her residence of 4628 S. Burson Rd., Valley Springs, CA
95252. As regards subject matter jurisdiction this “relates to the inherent authority of the
court involved to deal with the case or matter before it.” (Varian Medical Systems, Inc. v.
Delfino (2005), 35 Cal.4th 180, 186.) The Defendant has failed to make any valid
argument that the Court lacks subject matter jurisdiction.
Based on the foregoing, Defendant’s motion is DENIED.
The Clerk shall provide notice of the Ruling forthwith. No further formal Order is
required.
GUARANTY HOLDINGS OF CALIFORNIA, INC. v CATTANEO
Ruling
MIDLAND CREDIT MANAGEMENT, INC. vs. JAY SORENSEN
Jul 24, 2024 |
24CV13522
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.
Ruling
Sierra Central Credit Union vs. Goodwin
Jul 26, 2024 |
23CVG-00253
SIERRA CENTRAL CREDIT UNION VS. GOODWIN
Case Number: 23CVG-00253
This matter is on calendar for review regarding status of bankruptcy. Plaintiff filed a Case Management Statement
informing the Court that the stay is still in effect. The matter is continued to Tuesday, January 23, 2025 at 9:00
a.m. in Department 63 for status of bankruptcy. No appearance is necessary on today’s calendar.
Ruling
CITIBANK, N.A. vs CERVANTES
Jul 28, 2024 |
Frank Anthony Moschetti |
CVCO2300845
MOTION TO BE RELIEVED AS COUNSEL
CVCO2300845 CITIBANK VS CERVANTES
FOR ROMAN G CERVANTES
Tentative Ruling: No tentative ruling will be issued.