Plaintiff TD Auto Finance, LLC's unopposed motion for judgment on the pleadings (JOP Motion) as against Defendant Mia Resendiz is DENIED.
On October 4, 2019, the Court granted Plaintiff's motion to deem admitted all of the admissions stated in the Request for Admissions as against Defendant Mia Resendiz. Among those admissions: that Defendant entered into a Retail Installment Contract with Pat Peck Nissan; that the contract was assigned to Plaintiff; that Defendant breached the contract; and that the principal sum in damages incurred by Plaintiff is $20,309.17. (See Plaintiff's JOP Motion at Exh. 1.)
"On a motion for judgment on the pleadings, a court may take judicial notice of something that cannot reasonably be controverted, even if it negates an express allegation of the pleading." (Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549; Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485 ["It is true that a court may take judicial notice o
Hearing Date
September 10, 2020
Type
Rule 3.740 Collections
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Plaintiff TD Auto Finance, LLC's unopposed motion for judgment on the pleadings (JOP Motion) as against Defendant Mia Resendiz is DENIED.
On October 4, 2019, the Court granted Plaintiff's motion to deem admitted all of the admissions stated in the Request for Admissions as against Defendant Mia Resendiz. Among those admissions: that Defendant entered into a Retail Installment Contract with Pat Peck Nissan; that the contract was assigned to Plaintiff; that Defendant breached the contract; and that the principal sum in damages incurred by Plaintiff is $20,309.17. (See Plaintiff's JOP Motion at Exh. 1.)
"On a motion for judgment on the pleadings, a court may take judicial notice of something that cannot reasonably be controverted, even if it negates an express allegation of the pleading." (Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549; Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485 ["It is true that a court may take judicial notice o