Discover Bank vs. Mark Filanov

34-2020-00286415-CL-CL-GDS: Discover Bank vs. Mark Filanov 09/08/2026 Hearing on Motion for Judgment on the Pleadings in Department 16D

Tentative Ruling

NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure: To request limited oral argument, on any matter on this calendar, you must call the Department 16D Oral Argument Request Line at (916) 874-3056 by 4:00 p.m. the court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message (a) identifying themselves as the party requesting oral argument; (b) indicating the specific matter/motion for which they are requesting oral argument; and (c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below.

If no request for oral argument is made, the tentative ruling becomes the final order of the Court. Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED. Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporterservices-transcripts.

Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000. A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk.

If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided. *** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G.

CANTIL- SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***

TENTATIVE RULING

*** The Court finds in its file no proof of service demonstrating moving plaintiff’s service of the Notice of Disclosure issued on 6/13/2022, despite being directed to serve all other

34-2020-00286415-CL-CL-GDS: Discover Bank vs. Mark Filanov 09/08/2026 Hearing on Motion for Judgment on the Pleadings in Department 16D

parties with the Notice of Disclosure “forthwith.” Moving plaintiff is directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for this Court. Moving counsel is directed to contact defendant and advise him/her of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing, along with the correct address for this Court. If moving counsel is unable to contact defendant prior to the hearing, moving counsel is ordered to appear at the hearing in person, by Zoom or by telephone.

Plaintiff Discover Bank’s motion for judgment on the pleadings against defendant in pro per Filanov is DROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (See, e.g., Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.)

Although the Memorandum of Costs filed on 5/4/2026 includes a proof of service of that specific document, the Court finds in the Register of Action no proof of service demonstrating plaintiff’s timely, valid service of any of the other moving papers filed on 5/4/2024 despite CRC Rule 3.1300(c)’s requirement that proof of such service be filed at least five court days prior to the scheduled hearing date of 9/8/2026. Since it is now too late for plaintiff to comply with the express provisions of Rule 3.1300(c), this matter is hereby dropped from calendar.

The Memorandum of Costs filed on 5/4/2026 is STRICKEN as premature since this motion has been dropped from calendar and no judgment has been entered in favor of plaintiff.

Order to Show Cause Re: Dismissal

Finally, the Court notes that this action appears to beyond the five-year period by which an action must be brought to trial under Code of Civil Procedure section 583.310 and is therefore subject to mandatory dismissal pursuant to Code of Civil Procedure section 583.360. As a result, the Court, on its own motion, sets this matter for Order to Show Cause re: dismissal.

The Court sets this matter for an Order to Show Cause why dismissal of the action should not be imposed for the following reason(s): failure to bring case to trial within 5 years (CCP 583.310 - 583.360)

The Order to Show Cause Re: Dismissal is set for 11/17/2026 at 1:30 PM in

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2020-00286415-CL-CL-GDS: Discover Bank vs. Mark Filanov 09/08/2026 Hearing on Motion for Judgment on the Pleadings in Department 16D

Department 16D at the Tani G. Cantil-Sakauye Courthouse.

Failure to comply or appear and show cause, if any you have, may result in the dismissal of the action on the Court’s motion pursuant to one or more of the following: CCP 583.250, CCP 583.360, CCP 583.410, and/or CRC 3.1385(b).

Attorney/Party Compliance Statement(s) (Local Form CV\E-112), including briefing and evidence offered to avoid dismissal (if any), shall be filed not less than fifteen (15) days prior to the hearing pursuant to Local Rule 2.55(C). Failure to timely file a statement may result in the imposition of sanctions.

The clerk is directed to serve this minute order on the parties at their respective addresses of record.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)