LVNV FUNDING LLC VS MILLS

The defendant’s request for judicial notice is denied. The defendant’s request for dismissal of the action is denied.

The trial setting conference, currently set for 6-22-26, is continued to 8-16-26 at 8:30 A.M. in this department.

Analysis:

In her reply, the proposed plaintiff appears to concede that she has failed to fully comply with CCP section 377.32, the statutory means by which a plaintiff or proposed plaintiff establishes that the plaintiff has standing to bring the survivor action. Rather than force a second motion for leave to file a SAC, the Court on its own motion continues the hearing to allow the plaintiff to file an amended declaration that satisfies section 377.32. All remaining arguments are most appropriately considered in a demurrer or motion for summary judgment after any SAC is filed.

None of the matters of which the defendants sought judicial notice are relevant to a motion for leave to file an amended complaint.

The request for dismissal is procedurally meritless. Any such relief requires a noticed motion or demurrer.

3. CASE # CASE NAME HEARING NAME MOTION THAT MATTERS IN LVNV FUNDING LLC VS CVRI2500154 REQUEST FOR ADMISSIONS BE MILLS DEEMED ADMITTED Tentative Ruling:

The plaintiff’s unopposed motion is denied without prejudice to the filing of a properly noticed motion.

Analysis:

The plaintiff noticed the motion to be heard in the wrong courthouse. Furthermore, it is unclear whether the plaintiff sent the motion to the defendant’s correct address, since the street address listed in the motion’s proof of service is not the P.O. Box address that the clerk’s office has listed as defendant’s address of record.