NAVY FEDERAL CREDIT UNION VS. JEFF P. SPRANZA

August 25, 2026 Law and Motion Calendar PAGE 22 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________

2:00 PM LINE 4 24-CLJ-05405 NAVY FEDERAL CREDIT UNION VS. JEFF P. SPRANZA

NAVY FEDERAL CREDIT UNION REA STELMACH JEFF P. SPRANZA

MOTION TO ENTER JUDGMENT PURSUANT TO CCP § 664.6

TENTATIVE RULING:

The unopposed Motion to Enter Judgment Pursuant to CCP § 664.6 (the “Motion”) brought by Plaintiff Navy Federal Credit Union is DENIED without prejudice.

In the notice of motion, plaintiff put the date of July 14, 2026, as the hearing date. Then, the clerk’s office changed the hearing date to August 25, 2026.

The court file shows a proof of service of the Motion filed on May 28, 2026, declaring service of the Motion upon defendant on May 29, 2026. The proof of service attached to the notice of motion is dated the day after the pleading was filed, which cannot be accurate. Further, the notice sent to defendant did not have the correct date.

There is no amended proof of service in the court file. Thus, defendant did not receive proper notice of the hearing date (Cal. Rules of Court, rule 3.1110(b)(1)) and, therefore, the court must deny the Motion because it lacks jurisdiction to hear it. (Diaz v. Professional Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204-05 [“court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.”].)

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.