DecisionDepot
California legal research
All cases
2024-01408601·orange·Civil·Contract
Hearing 3 months agoDENIED in part, GRANTED in part.

Bank of America N.A. vs. Leitner

Motion to Set Aside/Vacate Dismissal and Enter Judgment

Hearing date
Jun 1, 2026
Department
C15
Prevailing
Plaintiff

Motion type

Browse all Other rulings statewide →

Monetary amounts referenced

$1,500$21,372.07

Parties

PlaintiffBank of America, NA
DefendantLeitner

Ruling

7

2 Bank of America N.A. vs. Leitner

2024-01408601 Motion to Set Aside/Vacate Dismissal and Enter Judgment Plaintiff Bank of America, NA moves to Set Aside Dismissal and Enter Judgment Pursuant to the Settlement Agreement. There is no dismissal to set aside. Thus, Plaintiff’s request to set aside dismissal is DENIED. Because there was no dismissal, the Court retained jurisdiction. The parties entered into a settlement on August 5, 2024. (RJN Ex. B.) Defendant agreed to make payments of approximately $1,500 every month. . (RJN Ex. B, ¶ 4.) Plaintiff ceased making monthly payments in August 2025 and has failed to repay the remaining $21,372.07 due under the settlement agreement. (Sherrill Decl., ¶¶ 4, 7.) Tentative Ruling: Plaintiff’s request to enter judgment pursuant to the terms of the Settlement Agreement is GRANTED. Plaintiff to give notice 3 Bear Capital Partners, Inc. vs. Smith

2025-01508678 1. Demurrer to Cross-Complaint 2. Case Management Conference

Cross-Complainants attempted to file an amended cross-complaint on May 18, 2026, which was rejected for an error in the caption. The Court finds a short continuance to allow Cross-Complainants to file the amended cross-complaint would serve the interests of justice and conserve judicial resources by potentially eliminating many of the numerous grounds for demurrer asserted. Tentative Ruling: Plaintiffs/Cross-Defendants Bear Capital Partners, Inc. and Ronald L. Meer’s Demurrer is CONTINUED to 07/27/26 at 1:45 pm in Department C15. Defendants/Cross-Complainants may file an amended cross-complaint no later than nine (9) court days prior to the continued hearing date. No further opposition is permitted. Case Management Conference is continued to 07/27/26 at 1:45 pm in Department C15. Defendants/Cross-complainants to give notice.

Cited authorities

Extracting citations from the ruling text…
Verify against the source PDF — LLM extraction may miss or mis-normalize citations.

Looking for case law or statutes not cited here? Search published authorities

Ask about this ruling

Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”

Answers reference only this ruling's text. Not legal advice — always verify against the source PDF.

Find similar rulings

Source

Share