MARINER FINANCE, LLC vs BEATRIZ GONZALEZ
Motion to Deem Requests for Admission Admitted
Motion type
Parties
Ruling
$2,156.11.
The Proposed Judgment The Court has read and reviewed the moving papers filed by Plaintiff Discover Bank ("Plaintiff"), including the supporting declaration.
The Court takes judicial notice of the Conditional Stipulated Settlement Agreement signed by Defendant on July 2, 2024 and filed with the Court on July 7, 2026 with the moving papers. The Court also takes judicial notice of the Notice of Settlement of Entire Case filed by Plaintiff on January 27, 2025 which states that a dismissal would be filed by November 8, 2025 if all terms were met and payments were made. The Court notes that Plaintiff has advised that Defendant has made payments totaling $130.00 toward the principal sum of $1,990.09.
Based on the Stipulation signed by the parties and the moving papers submitted by Plaintiff, Plaintiff's motion is GRANTED. Judgment is hereby entered in favor of Plaintiff Discover Bank and against Defendant Firas Horieh for the principal sum of $1,990.09, plus court costs of $296.02.00, less credits of $130.00 for a total judgment of $2,156.11. The Proposed Judgment will be signed by the Court. Plaintiff to give notice.
EXPRESS NATIONAL BANK vs JESUS HERRERA Tentative Ruling: The Court has read and reviewed the moving papers filed by Defendant Jesus Herrera ("Defendant"). The Court has also reviewed the relevant Court records. No opposition has been filed by Plaintiff American Express National Bank ("Plaintiff").
Defendant specially appears and moves to quash service of summons pursuant to Code of Civil Procedure Sec. 418.10. Defendant argues that he was not properly served in compliance with the law. Evidence Code Sec. 647 creates a rebuttable presumption of valid service when, as here, a registered process service files a Proof of Service with the Court. The individual questioning the validity of service must present sufficient evidence to demonstrate that service did not occur as stated in the Proof of Service. Evid. Code Sec.Sec. 647, 660.
The Court notes that Proof of Service of Summons by a registered process server by personal service was filed with the Court on April 20, 2026 creating a presumption of service under Evidence Code section 647. The Proof of Service indicates personal service on April 6, 2026 at 8:03 p.m. at "11039 El Rey Dr. D Whittier, CA 90606 1417."
Defendant's declaration, which was signed under penalty of perjury, states that he has not lived at the address on El Rey Dr. where service purportedly occurred since September 2025. His current residence is on Simmons Ave. in Los Angeles. He states that the process server served his former roommate, Ricky Ibarra, with the Summons and Complaint and did not confirm that Mr. Ibarra was the defendant in this action.
The Court finds that Defendant has rebutted the presumption of personal service. Having considered the moving papers, Defendant's Motion to Quash Service of Process is GRANTED. Clerk to give notice.
Case Number: 26NWLC11410 Hearing Date: September 1, 2026 Dept: Y 26NWLC11410: MARINER FINANCE, LLC vs BEATRIZ GONZALEZ Tentative Ruling: The Court has read and considered the moving papers filed by Plaintiff Mariner Finance, LLC ("Plaintiff"), including the declaration of counsel.
The Court finds that Plaintiff mailed Requests for Admission (RFA) to Defendant on June 4, 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 Defendant on August 3, 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.
Case Number: 26NWLC28426 Hearing Date: September 1, 2026 Dept: Y 26NWLC28426: TOYOTA MOTOR CREDIT CORPORATION vs JOSE M MEJIA-MEJIA Tentative Ruling: The Court has read and considered the moving papers filed by Plaintiff Toyota Motor Credit Corporation ("Plaintiff"), and the supporting attorney declaration. Plaintiff's Motion to Set Aside and Vacate Dismissal("Motion") has been served on Defendant Jose M. Mejia-Mejia and no opposition has been filed.
In its Motion, Plaintiff requests to vacate and set aside the dismissal entered on May 28, 2026 and restore the case to active status. Pursuant to Code of Civil Procedure Sec. 473(b), the Court has authority to relieve, on such terms as are just, a party or party's legal representative from a judgment taken against the party because of mistake, inadvertence, surprise and/or excusable neglect.
Here, Plaintiff's counsel has presented evidence that the dismissal was entered through Plaintiff's counsel's mistake. Based on the declaration submitted by Plaintiff, the Court GRANTS Plaintiff's Motion to Set Aside and Vacate Dismissal. This case is returned to active status. Plaintiff to give notice. | Home -->)" -->
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