Wells Fargo Bank, N.A. v. Zaldy Aben

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210

DATE: July 21, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, you must call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)

**Please specify the issue to be contested when calling the Court and counsel**

Line 2 24CV447123 Xiao Liu et al. v. Lucas Defendants’ motion to strike allegations and prayer for punitive Persyn et al. damages in plaintiff’s complaint. (Code. Civ. Proc., § 436.) Notice is proper and the motion is unopposed.

Under Code of Civil Procedure section 436, a court may strike out any irrelevant, false, or improper matter inserted into any pleading, or strike out all or part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. Defendants argue the allegations in the complaint in this automobile accident case do not support an award of punitive damages. While the complaint alleges an intentional infliction of emotion distress cause of action, the conclusory allegations do not presently support an award of punitive damages.

On good cause shown, the motion is GRANTED. The allegations and prayer related to punitive damages are stricken. The court will grant leave to amend the complaint to address the deficiency. Any amended pleading must be filed and served no later than August 21, 2026. The court will prepare the order.

Line 3 24CV451426 Wells Fargo Bank, N.A. v. Plaintiff’s motion to deem admitted requests for admission, set Zaldy Aben one. (Code Civ. Proc., § 2033.280.) Notice is proper and the motion is unopposed.

Defendant made no response to the requests for admission. On good cause shown, the motion is GRANTED and the requests for admission are deemed admitted.

A further case management conference in this matter will be held on September 22, 2026, at 10:00 a.m. in Department 10. Plaintiff is ordered to submit a proposed order listing verbatim the admissions to be admitted, and also to provide notice of the further case management conference.