Capital One N.a. v. Garcia

Case: Capital One N.a. v. Garcia Case No. CV2025-0082 Hearing Date: September 9, 2026 Department Fourteen 9:00 a.m.

Plaintiff Capital One N.a.’s unopposed motion to vacate dismissal and enter judgment under terms of stipulated agreement is DENIED WITHOUT PREJUDICE. (Code Civ. Proc., § 664.6.) Based on defendant Pamela Garcia’s answer, she is represented by counsel. (Answer [filed February 18, 2025], p. 1.) However, plaintiff did not serve this motion on defendant’s counsel. (Cal. Rules of Court, rules 1.21(a) [“Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented”], 2.251(c); YCR 7.2; see also Code Civ. Proc., §§ 1005, subd. (b), 1010.6; see Plaintiff’s Proof of Service [filed July 29, 2026], p. 2.)

The notice of motion provides notice of this Court’s tentative ruling system. However, the notice does not contain the required language pursuant to Local Rule 11.2(b) (as amended, eff. Jan. 1, 2023). Counsel for moving party, or the moving party if unrepresented by counsel, is ordered to notify the opposing party or parties immediately of the tentative ruling system.

If no hearing is requested, and no party appears at the hearing, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.

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