BC670377 ANIEMA EFFIONG, ET AL. VS CAPITAL ONE BANK, ET AL.

Plaintiffs’ Motion for New Trial or in the Alternative Relief

TENTATIVE RULING: The motion is denied.

Plaintiffs move for a new trial on the grounds of insufficiency of the evidence, that the decision was against the law, and that there was an error warranting a new trial.

The court sustained Capital One’s demurrer without leave to amend on February 2, 2018. On May 15, 2018, the court denied plaintiffs’ motion for reconsideration.

A motion for new trial filed before entry of judgment is premature and void. (Ehrler v. Ehrler (1981) 126 Cal. App. 3d 147, 152; Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal. App. 4th 187, 195.)

Although the demurrer was granted, no judgment has entered against Plaintiff, and Capital One has not been dismissed from the action. The motion is premature and void.

Plaintiffs have not establish........