Motion to Dismiss
25CV012610: VELOCITY INVESTMENTS LLC vs NUNEZ 10/14/2025 Hearing on Motion to Dismiss in Department 53
Tentative Ruling
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25CV012610: VELOCITY INVESTMENTS LLC vs NUNEZ 10/14/2025 Hearing on Motion to Dismiss in Department 53
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TENTATIVE RULING: Self-represented Defendant Daisy Nunezs unopposed motion to dismiss is denied.
In this consumer collection action, Plaintiff Velocity Investments, LLC, filed a complaint on May 27, 2025, for breach of contract alleging that Defendant failed to make payments pursuant to a consumer loan. Plaintiff seeks damages in the amount of $1,024.99.
Defendants two page motion asserts that the complaint should be dismissed for failure to validate the debt, lack of standing, failure to state a claim, improper evidence, due process violation, and a lack of jurisdiction.
Here, the motion must be denied. The motion does not analyze any of the various grounds upon which Defendant seeks to dismiss the complaint, and most of the points are not supported by any citation to legal authority. More importantly, the brief motion provides no citation to any legal authority which would support the ultimate relief sought, specifically, dismissal of the complaint. Defendant has failed to demonstrate that she is entitled to a dismissal of Plaintiffs complaint with prejudice.
The Court notes that Defendants declaration states that she sent a response to Plaintiffs demand letter and requested a validation of the debt pursuant to 15 U.S.C. § 1692g but did not receive a response. (Nunez Decl. ¶¶ 2, 3.) She also states that she was not properly served because the first two attempts at service on May 30, and June 5, 2025 were at the wrong address. (Id. ¶¶ 4, 5.) Neither of these assertions provide a basis to dismiss this action. Further, the Court notes that the proof of service filed with the Court by Plaintiff on June 20, 2025, shows that Defendant was personally served by a registered process served on June 12, 2025, at the very address listed on her motion.
Defendant does not dispute this service and thus any argument based on improper service must be rejected. And in any event, while defective service of the summons and complaint (even if proved) may provide grounds to quash service, it would not provide grounds for dismissal of the action.
In short, Defendant has not presented any legal authority which would permit the Court to dismiss this action with prejudice based on the points listed in Defendants motion.
The motion is denied.
The Court will further note that although Defendant is self-represented in this action in propria persona, and likely has little to no legal training, self-represented litigants are not
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV012610: VELOCITY INVESTMENTS LLC vs NUNEZ 10/14/2025 Hearing on Motion to Dismiss in Department 53
entitled to special treatment. (Nelson v. Gaunt (1981) 125 Cal. App.3d 623, 638-639.) Self-represented litigants are required to follow the same procedural rules that govern civil litigation. (McComber v. Wells (1999) 72 Cal.App.4th 512, 522-523.) A selfrepresented party is to be treated like any other party and is entitled to the same, but no greater, consideration than other litigants and attorneys. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247; Barton v. New United Motor Manufacturing, Inc. (1996) 43 Cal.App.4th 1200, 1210).
The minute order is effective immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required.