Garcia v. Powell

Garcia v. Powell, 25CVP-0478

Hearing: Motion to Unseal Police Report

Date: June 2, 2026 ________________________________________________________________________ _______________________________

Belinda Garcia filed this action for defamation, slander, libel and intentional infliction of emotional distress against Arron Powell on December 17, 2025. Plaintiff filed a first amended complaint on December 30, 2025.

Powell was personally served with both the complaint and amended complaint but has not appeared in the action. Default on the amended complaint was entered on February 11, 2026.

Now on calendar is Plaintiff’s motion to unseal non-public police records. Plaintiff’s motion was not served on the police department whose records are at issue. The police department is entitled to notice.

Moreover, this motion cannot proceed at this time as Powell has not appeared in the action and default has been entered. 1

The Court therefore takes the motion off calendar.

1 Entry of default cuts off a defendant’s right to appear in the action and deprives the court of jurisdiction to consider any motion with regard to that defendant other than a motion for relief from default. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2025) ¶¶ 5:6, 5:7, citing W. A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist., Alameda County (1959) 176 Cal.App.2d 67.)

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