Motion for Judgment on the Pleadings
24CV017378: WELLS FARGO BANK, N.A. vs GREENSAAVEDRA 06/01/2026 Hearing on Motion for Judgment on the Pleadings in Department 8D
Tentative Ruling
NOTICE: PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 8D, located at 500 G Street, Sacramento, CA, the Hon. Julie G. Yap presiding. Should argument be requested by either party, the requesting party must call the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the hearing, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
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.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. 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/16113421868 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 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 in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf 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.
24CV017378: WELLS FARGO BANK, N.A. vs GREENSAAVEDRA 06/01/2026 Hearing on Motion for Judgment on the Pleadings in Department 8D
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
***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 25 WILL BE HEARD IN DEPARTMENT 8D 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****
TENTATIVE RULING
Defendant Wells Fargo Bank, N.A.s (Defendant) Motion for Judgment on the Pleadings is UNOPPOSED and GRANTED.
Plaintiff's request for judicial notice is unopposed and granted.
This is a debt collection action related to a credit card account Plaintiff issued to Defendant G Greensaavedra (Defendant). On June 18, 2025, the Court granted Plaintiff's unopposed motion to deem matters admitted. As a result, Defendant is deemed to have admitted, among other matters, that Plaintiff issued him a credit card, that Plaintiff sent her periodic statements related to the account, that all payments Plaintiff has made have been applied to the account, that the principal amount owed of $10,638.77 as alleged in the Complaint is correct, and that Defendant does not have any defenses to Plaintiffs Complaint.
A motion for judgment on the pleadings may be made upon the grounds that the complaint states facts sufficient to constitute cause(s) of action against the defendants and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc. § 438(c)(1)(A).) The court must accept as true the factual allegations of the complaint and must give them a liberal interpretation. (Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 515-516.) The court can also properly take judicial notice
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV017378: WELLS FARGO BANK, N.A. vs GREENSAAVEDRA 06/01/2026 Hearing on Motion for Judgment on the Pleadings in Department 8D
of facts deemed admitted in consideration for a judgment on the pleadings. (Columbia Casualty Co. v. Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 457, 468.) [A] deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matters contained therein. (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 983.) Since there is no reasonable possibility that the defect could be cured by amendment, a motion for judgment on the pleadings based on matters deemed admitted is properly granted without leave to amend. (Smiley v. Citibank (1995) 11 Cal. 4th 138, 164 fn. 18.) When a motion for judgment on the pleadings is granted without leave to amend, judgment shall be entered forthwith in accordance with the motion. (Code Civ. Proc. § 438(h)(3).)
Defendant does not oppose the motion. A party's failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
Accordingly, Plaintiff's motion for judgment on the pleadings is GRANTED.
The Court will sign the proposed order filed with Plaintiffs moving papers. Plaintiff shall submit a proposed judgment for the Court's signature.
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