Capital One Bank (USA) NA v. Caponera, Gianni

Judge Benson – Law & Motion – Wednesday, August 5, 2026 @ 9:00 AM

1. 20CV00534 Capital One Bank (USA) NA v. Caponera, Gianni

EVENT: Opposition to claim of exemption

The Court will conduct a hearing.

2. 23CV02828 Sage, Bobbie v. Humes, David

EVENT: Motion to be Relieved as Counsel (Defense counsel) (Continued from 7/8/26)

Motion to be relieved as counsel is granted. The Court will sign the proposed order. The order will become effective upon the filing of a proof of service demonstrating the order was served on Defendant. Because the trial date is quickly approaching, the Court on its own motion, hereby vacates the court trial and trial readiness conference currently scheduled in October. A trial setting conference is hereby scheduled for September 9, 2026 at 10:30am.

3. 24CV00397 Lau. Crystal v. Feathers, Robin et al

EVENT: Demurrer to Plaintiff’s Third Amended Complaint

Demurrer to Plaintiff’s Third Amended Complaint is OVERRULED.

The TAC Sufficiently Alleges a Disability for Purposes of FEHA Preliminarily, Plaintiff argues this issue should not be considered pursuant to CCP 430.41(b) because it was only raised for the first time when Defendants challenged the SAC. The Court disagrees. The demurrer to the SAC was the first time this Court was presented with a challenge to the pleading. Defendants raised the issue in their reply brief, and the Court declined addressing the issue on procedural grounds. Thus, Defendants raised the issue on the first demurrer, albeit in the reply brief. Ultimately CCP 430.41(b) does not bar consideration of the issue.

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