WELLS FARGO BANK, N.A. vs EMERSON APARICIO
Motion for Judgment on the Pleadings
Motion type
Monetary amounts referenced
Parties
Ruling
The Court has read and considered the moving papers filed by Plaintiff Capital One, N.A. ("Plaintiff"), including the declaration of counsel.
The Court finds that Plaintiff mailed Requests for Admission (RFA) to counsel for Defendant on March 20, 2026, and provided proof of service by mail. Plaintiff did not receive any responses from Defendant. Plaintiff mailed its Motion to Deem Requests for Admission Admitted to counsel for Defendant on July 21, 2026, and provided proof of service by mail. The address for Defendant on both proofs of service match the address that is listed on the Answer.
Having considered the moving papers, Plaintiff's Motion to Deem Requests for Admission Admitted is GRANTED. Plaintiff to give notice.
BANK, N.A. vs EMERSON APARICIO, AN INDIVIDUAL Tentative Ruling: The Court has read and considered the moving papers filed by Plaintiff Wells Fargo Bank, N.A. ("Plaintiff") in support of its Motion for Judgment on the Pleadings, including the meet and confer letter dated June 25, 2026. No opposition has been filed by Defendant Emerson Aparicio ("Defendant").
Pursuant to California Evidence Code sections 452 and 453, the Court GRANTS Plaintiff's request for the Court to take judicial notice of: Plaintiff's Complaint filed on November 10, 2025; The Court's Order Deeming Plaintiff's Requests for Admission as Admitted entered on June 22, 2026; and Plaintiff's Motion to Deem Requests for Admission Admitted, and the Requests for Admission submitted in support of that motion, filed on or about April 2, 2026.
The Court finds the Request for Admissions admitted cannot reasonably be controverted at this stage of the proceedings. The Request for Admissions are tantamount to Defendant admitting the causes of action alleged by Plaintiff. Plaintiff's Motion for Judgment on the Pleadings is GRANTED as the complaint states facts sufficient to constitute a cause of action and the Answer in conjunction with the admissions deemed admitted does not state facts sufficient to constitute a defense.
The Court orders Judgment in favor of Plaintiff and against Defendant Emerson Aparicio for the principal sum of $13,990.92 plus costs in the amount of $430.00, for a total Judgment of $14,420.92. The Proposed Judgment will be signed by the Court. Plaintiff to give notice. | Home -->)" -->
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