Tentative Ruling on Motion for JOP

Wells Fargo v. Henderson, Case No. 2020-05018

Jan. 8, 2021, 1:30 p.m., Dept., 72

1. Overview and Procedural Posture.

This is a credit card collection action involving about $6456.00. The form complaint was filed January 28, 2020, and defendant answered in propria persona on May 26, 2020. ROA 17.* In her answer, defendant admitted the allegations of the complaint and offered no affirmative defenses. She also stated that a Wells Fargo representative referred her to a debt settlement agency, "Beyond Finance." Plaintiff now seeks judgment on the pleadings, inasmuch as the answer presents no legal defense. ROA 26-32. There is no opposition. The case is also set for a CMC. ROA 25. 2. Applicable Standards.

A. Statutory motions for judgment on the pleadings under Code of Civil Procedure section 438 have the same purpose and effect as general demurrers. Smiley v. Citibank (2003) 11 Cal.4th 138, 146 (2003); Westly v. Bd. of Admin. (2003) 105 Cal.App.4th 10