TD BANK USA, N.A. VS. JANNETTE MADARANG

July 14, 2026 Law and Motion Calendar PAGE 22 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________

2:00 PM LINE 8 25-CLJ-07707 TD BANK USA, N.A. VS. JANNETTE MADARANG

TD BANK USA, N.A. DANIEL ODITT JANNETTE MADARANG PRO SE

MOTION FOR JUDGMENT ON THE PLEADINGS

TENTATIVE RULING:

Plaintiff’s unopposed motion for judgment on the pleadings is denied without prejudice.

The notice of motion, plaintiff put the date of June 30, 2026 as the hearing date, but the clerk’s office changed the hearing date to July 14, 2026, and the location was corrected to show that the hearing would be in Department 4 rather than in Department 18 as plaintiff noticed the motion. The court file shows a proof of service filed May 20, 2026 of the motion showing service of the motion on defendant on May 20, 2026. Thus, based upon the change of hearing date by the clerk, plaintiff could not have provided on May 20, 2026 proper notice of the July 14, 2026 hearing and proper department to defendant.

There is no amended proof of service in the court file. Therefore, defendant did not receive proper notice of the hearing date or location. (Cal. Rules of Court, rule 3.1110(b)(1).) Accordingly, defendant does not have proper notice of the hearing and the court cannot consider the motions. (See Diaz v. Professional Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204–1205 [court lacks jurisdiction to rule on a motion that has not been properly noticed].)

The court strikes the prematurely filed memorandum of costs. The memorandum of costs is filed after judgment is entered.

If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, counsel for plaintiff shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.