CAPITAL ONE NA vs SANDOVAL, KENNETH

Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings August 18, 2026 The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21: ***There are no Tentative Rulings for Department 21***

The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:

CV-26-004817 - CAPITAL ONE NA vs SANDOVAL, KENNETH - Plaintiff's Motion for Judgment on the Pleadings - DENIED without prejudice.

On July 14, 2026, Plaintiff moved for judgment on the pleadings against Defendant in the principal sum of $4992.16 plus costs. There is no opposition on file.

The motion is procedurally defective. It fails to comply with Code of Civil Procedure section 439, which requires that parties meet and confer "in person, by telephone, or by video conference" before filing a motion for judgment on the pleadings.

Here, the effort to meet and confer was insufficient. The only attempt to comply with Code of Civil Procedure section 439 was the delivery of a written communication on June 22, 2026, to which Plaintiff did not respond. (Declaration of Robert S. Cox, P.P. 3-4.) A communication sent by email is insufficient. The Legislature's specification of the authorized methods for meeting and conferring reflects its belief that more personal forms of communication--beyond written exchanges--are better suited to resolving disputes informally, thereby reducing the burden on both the courts and the parties.

In addition, the Court notes that Plaintiff's memorandum argues that Defendant admitted all allegations in the complaint but instead, it appears Defendant's answer filed May 29, 2026, states the following: "Defendant lacks sufficient information to admit or deny allegations 1-14 and therefore denies them." (Answer, 1.)

Accordingly, the motion is DENIED without prejudice.

PR-21-001242 - IN THE MATTER OF MAXWELL HEINZLE SPECIAL NEEDS TRUST - Trustee's Motion to be Relieved as Counsel - GRANTED, and unopposed.

The Court GRANTS the unopposed motion by Attorney Ronald W. Hillberg to be relieved as counsel for Trustee Roxanne Heinzle, effective on the filing of a proof showing service of the signed order on the client.

Moving Counsel is to submit a new proposed order within five court days that reflects the current events set for October 20, 2026, at 8:30 am in Department 22. In addition, Moving Counsel is to file and serve a notice of ruling within five court days on Western Surety Company pursuant to the Request for Special Notice that was filed on July 23, 2026.

PR-23-000289 - In the Matter of the MACHADO FAMILY CREDIT BYPASS TRUST - a) Petitioner's Motion for Consolidation of Trials of Related Actions - GRANTED; b) Petitioner's Motion to Quash Subpoena for Production of Business Records or, in the Alternative, to Modify or Limit the Subpoena, and for Monetary Sanctions Against Petitioner, Angela Estacio and Her Counsel of Record, Rebecca H. Sem - GRANTED in part and DENIED in part.

a) Motion for Consolidation of Trials of Related Actions

The Court exercises its discretion to consider the late-filed opposition. The request for judicial notice is GRANTED. The Court takes judicial notice of the existence, filing, and contents of the court records identified in the request pursuant to Evidence Code sections 452(d) and 453. The Court does not take judicial notice of the truth of any factual matters asserted therein.

The motion for consolidation of trials of related actions is GRANTED. Preliminarily, the Court notes that creditors' claims typically belong in civil court and usually should be kept