CAPITAL ONE N.A. vs MICHAEL G PAPALIA
Motion for Entry of Stipulated Judgment
Motion type
Monetary amounts referenced
Parties
Ruling
The Court notes that an initial hearing was held on Plaintiff's Motion for an Order Deeming the Truth of the Matters Specified in Plaintiff's Requests for Admission on May 21, 2026. On its own motion, the Court continued the hearing to allow Defendant Jovany S. Gutierrez ("Defendant") time to review the motion and respond or oppose the motion. No opposition has been filed by Defendant.
The Court finds that Plaintiff mailed Requests for Admission (RFA) to Defendant on November 21, 2025, and provided proof of service by mail. Plaintiff did not receive any responses from Defendant. Plaintiff mailed Defendant its Motion to Deem Requests for Admission Admitted on January 30, 2026, and provided proof of service by mail. Defendant's address on both proofs of service match the address that Defendant identified on the Answer.
Having considered the moving papers, Plaintiff's Motion for Order Deeming the Truth of the Matters Asserted in the Requests for Admission As Admitted is GRANTED. Plaintiff to give notice.
vs MICHAEL G PAPALIA Tentative Ruling: The Court has read and reviewed the moving papers filed by Plaintiff Capital One, N.A. ("Plaintiff"), including the supporting declaration.
The Court takes judicial notice of the Stipulation Agreement; Jurisdiction Retained Under Code of Civil Procedure Section 664.6 signed by Defendant on April 1, 2026 and filed with the Court on April 27, 2026. The Court also takes judicial notice of the Order on Settlement Agreement and Stipulation for Judgment entered by the Court on May 29, 2026.
The Court notes that Plaintiff has advised that Defendant has made payments totaling $2,475.00, leaving an outstanding amount of $8,142.53 due and owing. Based on the Stipulation signed by the parties and the moving papers submitted by Plaintiff, Plaintiff's motion is GRANTED. The Order Dismissing this action pursuant to Code of Civil Procedure section 664.6 is set aside. Judgment is hereby entered in favor of Plaintiff Capital One, N.A. and against Defendant Michael G. Papalia for the principal sum of $8,142.53 plus court costs of $603.61, for a total judgment of $8,746.14. The Proposed Judgment will be signed by the Court. Plaintiff to give notice.
Case Number: 25NWLC60484 Hearing Date: August 19, 2026 Dept: Y 25NWLC60484: WELLS FARGO BANK, N.A. vs SOON CHUL HONG
The Court has read and reviewed all moving documents filed by Plaintiff Wells Fargo Bank, N.A. ("Plaintiff") in support of its motion for summary judgment, including the separate statement and supporting evidence. Plaintiff's motion for summary judgment was filed on May 28, 2026 and set for hearing on August 19, 2026. Since it was served electronically on counsel for Defendant, Plaintiff's motion provides sufficient notice. No opposition has been filed by Defendant Soon Chul Hong ("Defendant").
The Court finds that Plaintiff has met the initial burden of showing that there are no defenses to its cause of action for breach of contract by proving each element of the cause of action entitling Plaintiff to summary judgment. Plaintiff has shown with admissible evidence that Defendant applied for and executed a personal loan agreement with Plaintiff; Defendant agreed to repay the loan pursuant to the terms of the agreement; Plaintiff performed under the terms of the agreement including funding the loan; the loan statements for the subject account were sent to Defendant; and Defendant did not dispute any of the charges on the monthly billing statements for the subject personal loan account. (Plaintiff's Separate Statement, Undisputed Material Facts Nos. [UMF] 1-9.)
The evidence also shows that Defendant's last payment on the subject account was on January 15, 2025 in the amount of $654.29 and that Defendant owes Plaintiff the unpaid balance on the subject account of $23,607.98. (Id., UMF Nos. 10-12.)
The burden having shifted to Defendant, the Court finds Defendant has failed to set forth specific facts showing that a triable issue of material fact exists as to any of the elements of the causes of action for breach of contract or that there is any defense thereto required by Code of Civil Procedure section 437c(p)(1).
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