CAPITAL ONE, N.A., VS. JETHRO PATALINGHUG

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25629028 - August 27, 2026 Hearing date: August 27, 2026 Case number: CGC25629028 Case title: CAPITAL ONE, N.A., VS. JETHRO PATALINGHUG Case Number: | | CGC25629028 | Case Title: | | CAPITAL ONE, N.A., VS. JETHRO PATALINGHUG | Court Date: | | 2026-08-27 09:00 AM | Calendar Matter: | | MOTION FOR JUDGMENT ON THE PLEADINGS | Rulings: | | Matter on calendar for Thursday, August 27, 2026, Line 5, PLAINTIFF CAPITAL ONE, N.A.,'s MOTION FOR JUDGMENT ON THE PLEADINGS.

Plaintiff Capital One, N.A.'s unopposed Motion for Judgment on the Pleadings is DENIED. A motion for judgment on the pleadings is equivalent to a demurrer and the grounds for such a motion must appear on the face of the challenged pleading or from any matter subject to judicial notice. (Code of Civil Procedure section 438(d); Sepanossian v. National Ready Mixed Concrete Co. (2023) 97 Cal.App.5th 192, 198.)

Plaintiff contends its "complaint states facts sufficient to constitute a cause of action against the Defendant and the answer on file in this action does not state facts sufficient to constitute a defense to this complaint." (Not. of Mot. at p. 1.) In its MPA, Plaintiff contends Defendant's "answer does not state facts sufficient to constitute a defense to the complaint" and "the answer admits all material allegations of the complaint." Plaintiff misconstrues the reach of section 438 and misreads the answer.

First, if the answer fails to state facts sufficient to constitute a defense, the remedy is an order granting the motion and, in this procedural context, granting leave to amend. In any event, here Defendant has alleged cognizable defenses. For example, he alleges Plaintiff cannot recover because it unreasonably delayed the filing of this action. (Ans. at p. 4.) He alleges, too, Plaintiff assigned away its rights under the contract. (Id.) Suffice it to say, Defendant has alleged facts sufficient to constitute a defense.

Second, Plaintiff is wrong when it claims Defendant has admitted all material facts. Defendant denies the allegations in paragraphs 3 and 10. Paragraph 10 is the only allegation as to Plaintiff's damages. The absence of a concession on damages alone is enough to deny Plaintiff's request to entry of judgment in an amount certain. Additionally, Defendant alleges in the answer that he performed all duties owed under the contract other than duties prevented or excused and, hence, he did not breach the contract. (See Ans. at p. 4.) These allegations are directly contrary to the allegations of the complaint. Plaintiff's arguments for an immediate judgment are unavailing. The court, thus, denies the motion.

Moving Party must prepare a proposed order which repeats verbatim the above tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for this hearing.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ). | |