Motion for Judgment on the Pleadings
2025CLCL042087: DISCOVER BANK vs RYAN A GUERRERO-ESCOBAR 07/02/2026 in Department 41 Motion for Judgment on the Pleadings
BEFORE THE HONORABLE JANET M. FRANGIE Assigned Judge Below are the Courts tentative decisions with respect to the matters on calendar. The Court may adopt, modify, or change the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
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2025CLCL042087: DISCOVER BANK vs RYAN A GUERRERO-ESCOBAR
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Motion:
Plaintiffs Motion for Judgment on the Pleadings is denied without prejudice for two reasons: 1. There is no proof of service of the motion on the Defendant on file with the Court; and 2. The meet and confer by Plaintiff is insufficient. California Code of Civil Procedure Section 439 (a) provides as follows:
(a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. (emphasis added)
Plaintiffs meet and confer letter mailed to defendant does not satisfy the Codes requirements. (See Exhibit A to Declaration of Katie Zwarg filed May 20, 2025.)
The CMC hearing date of July 24, 2026 remains on calendar. Plaintiff is directed to give notice of ruling.
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