MILLER, ET AL. v. NEWREZ LLC

LAW AND MOTION CALENDAR JULY 24, 2026

1. MILLER, ET AL. v. NEWREZ LLC, 25CV2192

Plaintiffs’ Motion to Compel

Plaintiffs Alexander Miller and Edward Healey (collectively, “plaintiffs”), who are

both proceeding in pro per, seek to compel defendant Renovo Financial, LLC’s

(“defendant”) verified responses to plaintiffs’ Special Interrogatories, Request for

Production, and Request for Admission, all Set One. Plaintiffs’ motion also includes a

request for monetary sanctions.

Plaintiffs’ discovery requests were directed to the named defendant, Renovo Financial, LLC. However, defendant’s opposition states that Renovo Financial, LLC is a

misnomer; no such entity actually exists. Notably, defendant acknowledges it is the

party intended to be charged. What is concerning is that in its responsive pleading, filed

December 9, 2025, defendant identified itself as Renovo Financial, LLC, without

mentioning that the name plaintiffs used in their complaint was incorrect. And,

defendant continues to identify as Renovo Financial, LLC — even in its opposition to the

instant motion — which is misleading to both plaintiffs and the court. A defendant must

exercise care when responding. A California defendant sued under an incorrect name

should file a responsive pleading using their correct legal name followed by the phrase

"erroneously sued as [name used by plaintiff]," answer the substantive allegations of

the complaint, and, if necessary, seek or prompt an amendment to the complaint to

correct the misnomer. The court orders defendant to file and serve a notice of misnomer, identifying its

correct name, no later than August 7, 2026.

Under the circumstances, the court finds it appropriate to deny plaintiffs’ motion to

compel without prejudice. Plaintiffs’ moving papers acknowledge defendant informed

plaintiffs of the misnomer. Additionally, plaintiffs acknowledged the misnomer issue in

the stipulation filed June 15, 2026. Having ordered defendant to file a notice of

LAW AND MOTION CALENDAR JULY 24, 2026

misnomer, plaintiffs will be able to amend their pleading with defendant’s correct name

and re-serve their discovery requests upon defendant.

TENTATIVE RULING # 1: PLAINTIFFS’ MOTION TO COMPEL IS DENIED WITHOUT

PREJUDICE. THE COURT, ON ITS OWN MOTION, ORDERS DEFENDANT RENOVO

FINANCIAL, LLC TO FILE AND SERVE A NOTICE OF MISNOMER, IDENTIFYING ITS

CORRECT ENTITY NAME, NO LATER THAN AUGUST 7, 2026. NO HEARING ON THIS

MATTER WILL BE HELD (LEWIS v. SUPERIOR COURT (1999) 19 CAL.4TH 1232, 1247),

UNLESS A NOTICE OF INTENT TO APPEAR AND REQUEST FOR ORAL ARGUMENT IS

TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE

TO THE COURT AT (530) 573-3042 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS

ISSUED. NOTICE TO ALL PARTIES OF AN INTENT TO APPEAR MUST BE MADE BY

TELEPHONE OR IN PERSON. PROOF OF SERVICE OF SAID NOTICE MUST BE FILED PRIOR

TO OR AT THE HEARING.