Capital One NA v. Newburn, Todd E

PLACER COUNTY SUPERIOR COURT CIVIL LAW AND MOTION TENTATIVE RULINGS TUESDAY, AUGUST 18, 2026

These are the tentative rulings for civil law and motion matters set at 8:30 a.m. on Tuesday, August 18, 2026. The tentative ruling will be the court’s final ruling unless notice of appearance and request for oral argument are given to all parties and the court by 4:00 p.m., Monday, August 17, 2026. Notice of request for oral argument to the court must be made by calling (916) 408-6481. Requests for oral argument made by any other method will not be accepted. Prevailing parties are required to submit orders after hearing to the court within 10 court days of the scheduled hearing date, and after approval as to form by opposing counsel. Court reporters are not provided by the court. Parties may provide a court reporter at their own expense.

Except as otherwise noted, these tentative rulings are issued by the HONORABLE TRISHA J. HIRASHIMA and if oral argument is requested, it will be heard at 8:30 a.m. in Department 32, located at 10820 Justice Center Drive, Roseville, California 95678.

PLEASE NOTE: REMOTE APPEARANCES ARE STRONGLY ENCOURAGED FOR ALL CIVIL LAW AND MOTION MATTERS. (Local Rule 10.24.) More information is available at the court’s website: www.placer.courts.ca.gov.

1. M-CV-0081949 Brewer Road Partners v. Storer, Jeremiah M

The motion to set aside void judgment and for other orders is continued to October 27, 2026 at 8:30 a.m. in Department 32.

2. M-CV-0090612 Capital One NA v. Newburn, Todd E

Motion to Vacate the Dismissal and Enforce Settlement under CCP 664.6

Plaintiff’s request for judicial notice is granted.

Plaintiff moves the court to set aside and vacate the dismissal and enforce the settlement agreement against defendant. Code of Civil Procedure Section 664.6, subdivision (a) provides “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6 (a).) Here, plaintiff submits a signed settlement agreement executed between the parties. (See request for judicial notice Exh. B.) Pursuant to the terms of the stipulation, defendant was to pay to plaintiff the principal sum of $5,233.51 over payments, plus costs according to a memorandum of costs. (Mot. Enforce, pg. 2.) Pursuant to the terms of the stipulation, in the event of a default,

judgment is to be entered in favor of the plaintiff and against defendant for the full balance of the account, plus costs according to a memorandum of costs including any motion and/or order fee(s) required by the court, less payments received in good funds before default. (Id.)

The parties signed the agreement, thereby satisfying CCP §664.6’s requirement that the settlement be in writing and signed by the parties. Plaintiff presents evidence that following execution of the settlement agreement, defendant paid a total of $883.51 with the last payment received on August 24, 2025. Plaintiff requests judgment be entered for the balance of $4,350.00, plus court costs in the amount of $603.61 pursuant to the memorandum of costs filed May 1, 2026, for a total judgment of $4,953.61. The defendant has not submitted an opposition.

Therefore, based on the record, plaintiff’s motion to set aside and vacate the dismissal and enforce settlement under CCP 664.6 is granted.

3. M-CV-0092172 Wells Fargo Bank NA v. Ramezani, Behrooz

Motion to deem admitted plaintiff’s requests for admissions, set one

Plaintiff moves to deem admitted plaintiff’s requests for admissions, set one.

Section 2033.280 of the California Code of Civil Procedure states “[i]f a party to whom requests for admission are directed fails to serve a timely response... (b) [t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.”

Defendant did not file an opposition.

Plaintiff’s unopposed motion to deem admitted plaintiff’s requests for admissions, set one, is granted. (Code Civ. Proc., § 2033.280 (b).) Defendant is deemed to have admitted the matters set forth in plaintiff’s requests for admissions, set one.

4. M-CV-0097943 Singh Randhawa, Yugraj v. Smith, Keyione

Application for Stay of Execution of Judgment

In this unlawful detainer matter, defendant Keyione Smith seeks a stay of execution of judgment through September 2, 2026. The court’s August 10, 2026 order granting the stay in part and scheduling this hearing required defendant Smith to deposit $653 with the clerk of the court for the fair daily rental value for a stay. The order specified, “If the required payment is not timely made, this order shall automatically expire.” A review of the court’s file reveals no such deposit has been made, so the August 10, 2026 order has expired by its own terms. Request for further stay is denied.

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