SYNCHRONY BANK vs JENERIC PEREZ

(Norwalk Courthouse: Dept. Y) September 3, 2026 DEPARTMENT Y LAW AND MOTION RULINGS

INVESTMENTS LLC vs ANGEL L WILLIAMS Tentative Ruling: The Court has read and considered the moving papers filed by Defendant Angel Williams ("Defendant"), and her supporting declaration, the opposing papers filed by Plaintiff CKS Prime Investments, LLC ("Plaintiff"), and the reply papers filed by Defendant.

In her Motion, Defendant requests to vacate the judgment entered by the Court on June 17, 2026. Defendant argues that due to a calendaring error Defendant did not appear for trial. Defendant also argues that Plaintiff failed to provide Notice of Trial to Defendant, which was ordered by the Court on April 21, 2026.

The Court takes judicial notice of its Minute Order on April 21, 2026 in which Plaintiff was ordered to give notice of the trial date. 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, Defendant has submitted a declaration under penalty of perjury stating that her failure to appear for trial was due to a calendaring error and due to Plaintiff's failure to provide her with notice of the continued date of trial. The Court finds that Plaintiff's failure to appear for trial was due to "mistake, inadvertence, surprise and/or excusable neglect."

The Court GRANTS Defendant's Motion for Order Vacating Judgment. The Court resets this case for a non-jury trial on November 2, 2026 at 8:30 a.m. in Department Y. Plaintiff to give notice.

Case Number: 25NWLC32219 Hearing Date: September 3, 2026 Dept: Y 25NWLC32219: CAPITAL ONE N.A. vs CHRISTIAN PALOMARES Tentative Ruling: Plaintiff Capital One, N.A.'s ("Plaintiff") Motion to Vacate Dismissal and Enter Judgment Under Terms of Stipulated Settlement ("Motion") was initially set for hearing on July 31, 2026.

The Court continued the hearing to September 3, 2026 so that proper notice of the Motion could be given to Defendant and to allow a substantive opposition to be filed by Defendant, if necessary. No substantive opposition has been filed by Defendant.

The Court has read and considered the moving papers filed by Plaintiff. The Court takes judicial notice of the Stipulation Agreement; Jurisdiction Retained Under Code of Civil Procedure Section 664.6 signed by Defendant on April 6, 2026 and filed with the Court on May 1, 2026. The Court also takes judicial notice of the Order on Settlement Agreement and Stipulation for Judgment entered by the Court on May 20, 2026.

The Court notes that Plaintiff has advised that Defendant has made payments totaling $730.00, leaving an outstanding amount of $21,085.80 due and owing. Based on the Stipulation signed by the parties and the moving papers submitted by Plaintiff, Plaintiff's motion is GRANTED.

The Order Dismissing this action pursuant to Code of Civil Procedure section 664.6 is set aside. Judgment is hereby entered in favor of Plaintiff Capital One, N.A. and against Defendant Christian Palomares for the principal sum of $21,085.80 plus court costs of $523.61, for a total judgment of $21,609.41. The Proposed Judgment will be signed by the Court. Plaintiff to give notice.

Case Number: 25NWLC51292 Hearing Date: September 3, 2026 Dept: Y 25NWLC51292: SYNCHRONY BANK vs JENERIC PEREZ Tentative Ruling: The Court has read and reviewed the moving papers filed by Plaintiff Synchrony Bank ("Plaintiff") in support of its Motion for Judgment on the Pleadings, including the meet and confer letter dated December 31, 2025, as well as the Complaint and Answer. No opposition has been filed by Defendant Jeneric Perez("Defendant").

The Court finds that Defendant, in the Answer filed on October 22, 2025, checked the box stating that Defendant admits that all of the statements of the complaint are true and did not indicate any specific statement as being false. Other than claiming hardship, Defendant did not assert any affirmative defenses.

Plaintiff's Motion for Judgment on the Pleadings is GRANTED as the Complaint states facts sufficient to constitute a cause of action against Defendant and the Answer does not state facts sufficient to constitute a defense. The Court orders Judgment in favor of Plaintiff Synchrony Bank and against Defendant Jeneric Perez for the principal sum of $7,725.89, plus costs of $356.00 for a total judgment of $8,081.89. The Proposed Judgment will be signed by the Court. Plaintiff to give notice.

Case Number: NOR12CF0578 Hearing Date: September 3, 2026 Dept: Y NOR12CF0578: GCFS INC vs DIAZ, BENJAMIN Tentative Ruling: Defendant Benjamin Diaz's Motion to Vacate and Set Aside Renewal of Judgment, Recall and Quash Any Writs of Execution, And Return Any Property Levied Upon ("Motion") was initially set for hearing on August 7, 2026.

On its own motion, and with the agreement of the parties, the Court continued the hearing on the Motion to September 3, 2026 to fully review the briefs filed by the parties and the cases cited therein, and to allow argument by the parties.

The Court has read and considered the moving papers filed by Defendant, including the separately filed declarations and attached exhibits, the Opposition filed by Plaintiff GCFS, Inc. ("Plaintiff"), including separately filed declarations and exhibits, Plaintiff's Request for Judicial Notice, and the Reply filed by Defendant along with supplemental declarations. The Court has also considered all relevant court records.

Request for Judicial Notice Pursuant to Evidence Code Sec. 452(d), Plaintiff's Request for Judicial Notice is GRANTED as to the state-court records comprising the judgment and renewal papers, including the summons, proof of service, complaint, request for entry of default, judgment, application for renewal, notice of renewal, and proof of service of the renewal. As for the federal bankruptcy docket pages, Plaintiff's Request for Judicial Notice is GRANTED IN PART only to the extent of noticing the existence and facial contents of the records, and DENIED to the extent offered to prove disputed facts (including Defendant's residence or "usual mailing address" at any relevant time). Evid. Code Sec.Sec. 452, 453.

Evidentiary Objections Plaintiff's blanket request to exclude all extrinsic evidence outside of the judgment roll is OVERRULED for purposes of this motion. This is a direct attack on enforcement/renewal predicated on the lack of personal jurisdiction due to defective service and thus, the Court may consider competent, extrinsic evidence on that issue. As noted above, to the extent that Plaintiff or Defendant offer judicially noticed materials for the truth of disputed factual assertions (e.g., residence/usual mailing address), the Court considers them only for existence and facial content, not for the truth of disputed matters.

Defendant's Motion to Vacate Renewal of Judgment (CCP Sec. 683.170) In his Motion, Defendant requests that the Court issue an order vacating and setting aside the Renewal of Judgment entered against him pursuant to Code of Civil Procedure ("CCP") Sec. 683.170(b) and Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195 (" Fidelity ") on the grounds that the underlying default judgment is void because Plaintiff never served Defendant with the summons and complaint and therefore, the Court did not have personal jurisdiction over Defendant when the default judgment was entered in 2012, which is grounds to vacate the renewal of judgment in 2021.

Procedural Background

Plaintiff filed this limited civil collections action on February 23, 2012. On March 23, 2012, Plaintiff filed a proof of substituted service stating that on March 10, 2012, the summons and complaint was left with "Mayra Gamboa, Resident," at 9509 Walnut Street, Bellflower, California 90706. The process server's declaration of reasonable diligence reported an occupant's statement that Defendant "does not live here, but receives mail and picks it up."

Default judgment was entered on June 5, 2012. On August 11, 2021, Plaintiff filed an Application for and Renewal of Judgment and Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest. Plaintiff filed a proof of service