Motion to Deem Request for Admissions Admitted
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25CV015747: FIRST TECHNOLOGY FEDERAL CREDIT UNION vs LEYESA 07/15/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 8D
Tentative Ruling
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 8D Oral Argument Request Line at (916) 874-7719 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.
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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
25CV015747: FIRST TECHNOLOGY FEDERAL CREDIT UNION vs LEYESA 07/15/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 8D
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.
TENTATIVE RULING:
Plaintiff First Technology Federal Credit Unions (Plaintiff) motion for order that matters in requests for admission be deemed admitted against Defendant Rachel Leyesa aka Rachel Marella Sy (Defendant) is DROPPED from the Courts calendar.
The Courts file reflects that Defendant filed a Chapter 7 Bankruptcy Petition with the United Bankruptcy Court for the Easter District of California on July 12, 2026. Defendant filed a Notice of Stay on July 14, 2026.
11 U.S.C. § 362(a)(1) automatically stays actions when one party files for bankruptcy. The automatic stay provisions of the Bankruptcy Code prohibit the continuation of a judicial action against the debtor that was commenced before the bankruptcy; the Code also prohibits 'any act to obtain possession of property of the estate . . . or to exercise control over the property of the estate. (In re White, 186 B.R. 700, 703 (B.A.P. 9th Cir. 1995) [internal citations omitted].)
Given the automatic stay imposed by Defendant's bankruptcy filing, absent relief from the stay from the Bankruptcy Court, the matter is dropped.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.