On March 16, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Capital One Bank,
and
Kackley, Heather,
for (09): Limited Rule 3.740 Coll $0.01-$9,999.99
in the District Court of Merced County.
Preview
Superior Court of California, County of Merced
MINUTE ORDERS
Capital One Bank (USA), N.A. 10:00 AM - 12:00 PM
vs Motion
Heather Kackley
20CV-01251
Date of Hearing: 01/20/2021
Heard By: Foster, David Location: Courtroom 9
Courtroom Reporter: Electronic Recording Courtroom Clerk: C. Cesena
Court Interpreter:
Court Investigator:
Parties Present: Future Hearings:
Capital One Bank (USA), N.A. Plaintiff
Kackley, Heather Defendant
Exhibits:
The case is regularly called for hearing:
- Keri Salet, representative for the Plaintiff, is present via court call.
- Discussion is had by the Court and the parties present.
- The Court states its tentative ruling.
- The Court orders:
The tentative ruling is confirmed by the Court as follows:
The unopposed motion for judgment on the pleadings by plaintiff Capital One Bank (USA), N.A. is
GRANTED without leave to amend the answer. (Code Civ. Proc., 438, subd. (c)(1)(A).) The Court finds
that the complaint states facts sufficient to constitute a cause of action for various common counts
against defendant Heather Kackley. Defendant s answer admits the debt and all statements of the
complaint, and does not allege any facts constituting a defense.
- Judgment shall be entered in favor of plaintiff and against defendant. Plaintiff is entitled to costs as
prevailing party.
- The Court will sign the proposed order and proposed judgment submitted with the moving papers on
October 28, 2020.
- The Courtroom Clerk delivers the documents to the Clerk's office for processing.
- Parties Present via Court Call; Plaintiff: Capital One Bank (USA), N.A.; Keri Salet
Printed: 1/20/2021 01/20/2021 Motion - 20CV-01251 Page 1 of 1
Document Filed Date
January 20, 2021
Case Filing Date
March 16, 2020
Category
(09): Limited Rule 3.740 Coll $0.01-$9,999.99
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Superior Court of California, County of Merced MINUTE ORDERS Capital One Bank (USA), N.A. 10:00 AM - 12:00 PM vs Motion Heather Kackley 20CV-01251 Date of Hearing: 01/20/2021 Heard By: Foster, David Location: Courtroom 9 Courtroom Reporter: Electronic Recording Courtroom Clerk: C. Cesena Court Interpreter: Court Investigator: Parties Present: Future Hearings: Capital One Bank (USA), N.A. Plaintiff Kackley, Heather Defendant Exhibits: The case is regularly called for hearing: - Keri Salet, representative for the Plaintiff, is present via court call. - Discussion is had by the Court and the parties present. - The Court states its tentative ruling. - The Court orders: The tentative ruling is confirmed by the Court as follows: The unopposed motion for judgment on the pleadings by plaintiff Capital One Bank (USA), N.A. is GRANTED without leave to amend the answer. (Code Civ. Proc., 438, subd. (c)(1)(A).) The Court finds that the complaint states facts sufficient to constitute a cause of action for various common counts against defendant Heather Kackley. Defendant s answer admits the debt and all statements of the complaint, and does not allege any facts constituting a defense. - Judgment shall be entered in favor of plaintiff and against defendant. Plaintiff is entitled to costs as prevailing party. - The Court will sign the proposed order and proposed judgment submitted with the moving papers on October 28, 2020. - The Courtroom Clerk delivers the documents to the Clerk's office for processing. - Parties Present via Court Call; Plaintiff: Capital One Bank (USA), N.A.; Keri Salet Printed: 1/20/2021 01/20/2021 Motion - 20CV-01251 Page 1 of 1