Motion for Judgment on the Pleadings
24CV021603: SYNCHRONY BANK vs JETER 07/09/2026 Hearing on Motion for Judgment on the Pleadings in Department 16C
Tentative Ruling
Plaintiff Synchrony Banks (Plaintiff) motion for judgment on the pleadings is UNOPPOSED and GRANTED.
The notice of motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06. Plaintiff is directed to contact defendant in pro per Raymond L. Jeter (Defendant) and advise of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing.
This is a collection action that arises from a line or credit obtained by Defendant from Plaintiff. Plaintiff filed this action on October 22, 2024, alleging one cause of action for open book account. Defendant filed an Answer on December 2, 2024. Plaintiff contends its Complaint is sufficient to state valid causes of action against Defendant whose Answer admits the indebtedness in the complaint.
When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc. § 438(c)(1)(A).) The Court must disregard all controverted allegations in the complaint and accept all facts properly pleaded in the answer. (Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1379-1380.) A motion by plaintiff for judgment on the pleadings is in the nature of a general demurrer, and the motion must be denied if the defendants pleadings raise a material issue or set up affirmative matter constituting a defense. (MacIsaac v.
Pozzo (1945) 26 Cal.2d 809, 812-813.) The Court assumes the truth of all material allegations in the challenged pleading no matter how improbable. (Sisemore v. Master Financial, Inc. (2007) 151 Cal.App.4th 1386, 1397.)
Here, Defendants Answer admits all of the statements in the Complaint, except for the statement that After filing for bankruptcy Synchrony closed account and refunded payment made. This item was among 17 accounts compromised by an international crime organization. Case filled with Federal Government and attached. The foregoing exception does not establish a valid defense to the Complaint.
Since there is no reasonable possibility that the defect could be cured by amendment, the motion is properly granted without leave to amend. (Smiley v. Citibank (1995) 11 Cal. 4th 138,
24CV021603: SYNCHRONY BANK vs JETER 07/09/2026 Hearing on Motion for Judgment on the Pleadings in Department 16C
164 n. 18 (affd by 517 U.S. 735).) When a motion for judgment on the pleadings is granted without leave to amend, judgment shall be entered forthwith in accordance with the motion. (Code Civ. Proc. § 438(h)(3).)
The motion is GRANTED without leave to amend.
Plaintiff shall submit a proposed order and judgment for the Courts signature.
The Court declines to sign the proposed judgment submitted with the moving papers because it includes an award of costs based on a prematurely filed memorandum of costs. Plaintiff shall submit an amended proposed judgment for the Court's signature. Plaintiff may seek its costs pursuant to California Rules of Court rule 3.1700.
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Department 16C Oral Argument Request Line at (916) 874-1475 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV021603: SYNCHRONY BANK vs JETER 07/09/2026 Hearing on Motion for Judgment on the Pleadings in Department 16C
The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL- SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 54 WILL BE HEARD IN DEPARTMENT 16C OF THE NEW COURTHOUSE. ***
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