Motion to Dismiss Pursuant to CCP Sections 583.310
34-2020-00279115-CL-CL-GDS: Discover Bank vs. Rosalba Navarro 05/27/2026 Hearing on Motion to Dismiss Pursuant to CCP Sections 583.310 in Department 8C
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 8C, located at the Tani G. Cantil-Sakauye Courthouse located at 500 G. Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.
Any party who wishes to contest the tentative ruling below must:
(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail 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 they have notified the opposing party of their intention to appear; and
(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.
If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.
The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:
https://saccourt-ca-gov.zoomgov.com/j/16039062174
SIP Address:
16039062174@sip.zoomgov.com
(833) 568-8864
34-2020-00279115-CL-CL-GDS: Discover Bank vs. Rosalba Navarro 05/27/2026 Hearing on Motion to Dismiss Pursuant to CCP Sections 583.310 in Department 8C
ID: 16039062174
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to
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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 Courts 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 be forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING
***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION****
Defendant Rosalba Navarros (Defendant) motion to dismiss pursuant to Code of Civil Procedure section 583.310 is UNOPPOSED and GRANTED.
On March 17, 2020, Plaintiff Discover Bank (Plaintiff) filed its summons and complaint. On or about October 13, 2020, a proof of service was filed. (Decl. Campbell, ¶ 2.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2020-00279115-CL-CL-GDS: Discover Bank vs. Rosalba Navarro 05/27/2026 Hearing on Motion to Dismiss Pursuant to CCP Sections 583.310 in Department 8C
On November 6, 2020, Defendant filed and served on opposing counsel an answer. (Decl. Campbell, ¶ 3.)
Counsel for Defendant states that Plaintiff has not done anything with this case. (Decl. Campbell, ¶ 4.)
Defendant filed a motion to dismiss for failure to prosecute, which was denied on July 24, 2025. Plaintiff did not oppose the motion. The Court, the Hon. Judge Richard K. Sueyoshi presiding, found that due to Covid-19 related extensions, plaintiff still has until at least the end of December 2025 to commence trial without running afoul of §583.310. (July 24, 2026 Order, at p. 3.)
It appears that Plaintiff took no action to prosecute the case.
Defendant then filed the instant motion to dismiss pursuant to Code of Civil Procedure section 583.310 for Plaintiffs failure to bring the case to trial.
Code of Civil Procedure section 583.310 provides, An action shall be brought to trial within five years after the action is commenced against the defendant.
It has now been over six years since Plaintiff filed its complaint. Plaintiff again does not oppose the motion.
Defendants motion to dismiss pursuant to Code of Civil Procedure section 583.310 is GRANTED.
Pursuant to CRC Rule 3.1312, moving counsel is to prepare a judgment of dismissal of the complaint without prejudice. (See Code of Civ. Proc., § 581(g) [The court may dismiss without prejudice the complaint upon granting a motion to dismiss under section 583.310.].)
Defendant to provide notice of this Order per Code of Civil Procedure section 1019.5.