BANK OF AMERICA NA vs PELAYO, CHRISTINA MARIA

admissions on Defendant and received no response. Therefore, Plaintiff requests that the truth of facts specified be deemed admitted.

"If a party to whom requests for admission are directed fails to serve a timely response . . . [t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted[.]" (Code Civ. Proc., Sec. 2033.280.)

"The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220." (Code Civ. Proc., Sec. 2033.280(c).)

Accordingly, Plaintiff's unopposed motion is GRANTED. The proposed order references an attachment that is not included. (Plaintiff may have intended to cross-reference the attachments to the underlying requests for admissions that were propounded on Defendant, but the language in the proposed order is unclear.) Plaintiff is directed to submit a new proposed order within five court days that includes the attachment.

CV-25-000052 - BANK OF AMERICA NA vs PELAYO, CHRISTINA MARIA - Plaintiff's Motion for Judgment on the Pleadings - GRANTED without leave to amend, and unopposed.

The Court finds that the complaint states facts sufficient to constitute a cause of action for breach of contract and/or common counts. Defendant's answer expressly admits all material allegations of the complaint and asserts no legally valid affirmative defenses. (Code Civ. Proc., Sec.Sec. 431.20, subd. (a), 438, subd. (c)(1)(A).) Defendant failed to file an opposition, so the Court has no grounds for finding that the answer could be amended to state a valid defense. Accordingly, the unopposed motion is GRANTED without leave to amend.

The Court has reviewed the memorandum of costs that was filed and finds the costs uncontroversial. Judgment shall be entered in favor of Plaintiff Bank of America, N.A. and against Defendant Christina Pelayo in the total sum of $8,635.16, which comprises damages in the principal sum of $8,276.55 and court costs of $358.61.

The Court will sign the proposed order that was submitted with the motion. However, the proposed judgment contains a typographical error as to the total amount. The Court will revise the proposed judgment to reflect the correct total and then will sign it.

The following is the tentative ruling for a case calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: