Belinda Lea Garcia v. Arron Franklin Powell

Belinda Lea Garcia v. Arron Franklin Powell, 25CVP-0478

Hearing: Motion to Advance Pre-Trial Hearing

Date: July 14, 2026

Belinda Garcia filed this action against Arron Powell on December 17, 2025. Powell’s default was entered after Garcia filed a first amended complaint. Garcia filed a second amended complaint on June 8, 2026. Because the second amended complaint included substantive changes (i.e., a demand for a specific amount of damages), it had the effect of vacating Powell’s default. (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 831.)

On June 23, 2026, the Court ordered Garcia to serve the amended summons and second amended complaint both electronically and by certified mail with return receipt requested at the two addresses in Pennsylvania related to Powell. (See Request for Civil Harassment Restraining Order filed by Powell in case no. 25CVP-0453). Proof of such service has not yet been submitted. 1

Currently on calendar is Garcia’s Motion to Advance Pre Trial Hearing Date. The motion seeks “an order advancing the PRE TRIAL HEARING to 20 APR 2026 to replace the CASE MGMT HEARING that is scheduled for that date and time.” In light of the fact that April 20, 2026, has passed, the motion appears moot.

ORDER (PROPOSED)

Garcia’s Motion to Advance Pre Trial Hearing Date is denied as moot.

1 Garcia filed two proofs of service on June 12, 2026, reporting the second amended complaint and amended summons were served by certified mail to the two Pennsylvania addresses with an Acknowledgment of Receipt, as opposed to a return receipt requested. (Code Civ. Proc., §§415.30, 415.40.)

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