Wells Fargo Bank, N.A. v. Key Island, LLC

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Tentative Ruling

Re: Wells Fargo Bank, N.A. v. Key Island, LLC Superior Court Case No. 25CECG01764

Hearing Date: August 20, 2026 (Dept. 503)

Motion: Defendant Todd A. Mikles’ Motion to Dismiss

Tentative Ruling:

To deny defendant Todd A. Mikles’ motion to dismiss. (Code Civ. Proc., § 585.)

Explanation:

The court lacks jurisdiction to consider a motion filed by a defendant after default has been entered against them. (W.A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist., Alameda County (1959) 176 Cal.App.2d 67, 72.) The entry of default terminates a defendant’s right to take any further affirmative steps in the litigation until either its default is set aside or a default judgement is entered. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.)

Here, default was entered by the clerk of the court against defendant Todd A. Mikles (“Defendant”) on November 5, 2025. The instant motion to dismiss was filed by Defendant on March 25, 2026. The court does not have jurisdiction to consider Defendant’s motion as it was filed subsequent to the entry of default and has not been set aside. The motion is denied.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: JS on 8/19/2026. (Judge’s initials) (Date)

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