OSC re Dismissal
the substance of the motion, which does not present a large number of requests, complex factual or legal issues, or extensive pleadings, the Court finds the time expended by counsel to prepare the instant motion is excessive. Moreover, the Court finds Ms. Tsai hourly rate is not supported by other known existing attorney hourly rates in this county or information contained in a declaration related to her training, experience and work associated with the instant matter.
Under the totality of the circumstances present here, including the Court’s experience with addressing attorney’s fee requests, the Court finds 1.5 hours of time for attorney Tsai at a reasonable hourly rate of $350.00, plus the filing fee of $60.00, constitutes the reasonable amount of attorney’s fees and costs incurred by Plaintiff. Thus, the Court awards Plaintiff sanctions in the amount of $585.00 payable by Defendants jointly and severally no later than ten (10) days from service of notice of entry of this order.
2. CL0003941 Wells Fargo Bank, N.A. vs. Kathleen Sivel, an individual
No appearances required. In light of the proof of service of the Summons and Complaint filed on June 5, 2026 and on the Court’s own motion, the OSC re Dismissal is dismissed.
3. CL0003949 CREDITORS ADJUSTMENT BUREAU, INC., vs. ISRAEL GARCIA TAPIA
No appearances required. On the Court’s own motion and in light of the Declaration filed by counsel for Plaintiff, the Court continues the OSC re Dismissal to October 12, 2026 at 1:30 p.m. in Dept. A. Plaintiff shall file a proof of service, an application to serve by publication (if deemed appropriate), or a request for dismissal of defendant in advance of the continued order to show cause date. The Court notes, the declaration of non-service filed on July 1, 2026 fails to set forth ongoing reasonable efforts in and by itself; however, the declaration of counsel evidences Plaintiff is and has been making diligent efforts to effectuate service of process.
4. CL0003950 Midland Credit Management Inc. vs. Casey R Timms
No appearances required. On the Court’s own motion and in light of the proof of service of the Summons and Complaint filed on June 12, 2026, the OSC re Dismissal is dismissed.
5. CU0001529 NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2, a Delaware Statutory Trust(s) vs. SANDE KAY
The Court, on its own motion and pursuant to good cause under California Rules of Court, Rule 3.185
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Plaintiff’s motion to vacate the notice of settlement and place the case back on active calendar pursuant to Code of Civil Procedure § 473(b) is denied as moot.
Discussion
Plaintiff moved for relief under Code of Civil Procedure § 473(b). However, such relief is not warranted in the present circumstances. Pursuant to such, the “court may, upon any terms as 2