Motion for Judgment on the Pleadings
34-2017-00210953-CL-CL-GDS: Discover Bank vs. Chris A Bradfield 06/11/2026 Hearing on Motion for Judgment on the Pleadings in Department 16D
Tentative Ruling
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34-2017-00210953-CL-CL-GDS: Discover Bank vs. Chris A Bradfield 06/11/2026 Hearing on Motion for Judgment on the Pleadings in Department 16D
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 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 53 WILL BE HEARD IN DEPARTMENT 16D 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. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Plaintiff Discover Banks unopposed motion for judgment on the pleadings is continued on the Courts own motion to July 16, 2026. In addition, the Court is issuing an Order to Show Cause re: dismissal to be heard that same day.
This is a consumer collection action in which Plaintiff alleges causes of action for common counts. The complaint was filed on April 12, 2017, more than nine years ago. Plaintiff now moves for judgment of the pleadings on the basis of this Courts August 2, 2022 granting Plaintiffs motion to deem matters admitted.
An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article. (CCP § 583.360(a) [emphasis added].) The five-year statute is mandatory. (Id. § 583.360(b).) [U]nless some specified exception applies, a trial court has a mandatory duty to dismiss an action and a defendant has an absolute right to obtain an order of dismissal, once five years has elapsed from the date an action was commenced. (M & R Properties v. Thomson (1992) 11 Cal.App.4th 899, 903.) There is no indication on the Courts register of actions for this case that would suggest any of the statutory exceptions found in Code of Civil Procedure section 583.340 are applicable.
Given that more than nine years have passed since the complaint was filed, the Court on its own motion issues an Order to Show Cause to Plaintiff Discover Bank as to why this action should not be dismissed for failure to bring to trial within five years under Code of Civil Procedure § 583.360(a). The OSC hearing shall be set for July 16, 2026 at 1:30 p.m. in this department. Plaintiff may file a response to the OSC by no later than July 2, 2026. To the extent that Plaintiff has in its possession a stipulation from
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2017-00210953-CL-CL-GDS: Discover Bank vs. Chris A Bradfield 06/11/2026 Hearing on Motion for Judgment on the Pleadings in Department 16D
Defendant to extent the time within which this action must have been brought to trial pursuant to Code of Civil Procedure section 583.330(a), Plaintiff must now bring such stipulation to the attention of the Court in advance of the OSC hearing. (See Code. Civ. Proc. § 583.330(a).)