Midland Credit Management Inc vs Carolina Pizarro

Case Number

25CV03038

Case Type

Hearing Date / Time

Mon, 03/09/2026 - 10:00

Nature of Proceedings

Motion: Quash

Tentative Ruling

“On May 15, 2025, plaintiff Midland Credit Management, Inc., filed its original complaint against defendant Carolina Pizarro, alleging one cause of action for breach of contract. The complaint arises from an alleged breach by defendant Pizarro of a credit account presently owned by plaintiff.

On June 4, 2025, plaintiff filed a proof of service of the summons which states that defendant Pizarro was served with the summons and complaint on May 31, 2025, by substituted service delivered to a residential address in Santa Barbara, California, and thereafter by mail to that same address. (See June 4, 2025, Proof of Service, ¶¶ 5(b)(2) & (4)-(5).)

On July 14, 2025, defendant Pizarro, who is self-represented, filed a motion to quash service of the summons. That motion was calendared for a hearing on October 20, 2025. No proof of service was filed with the motion by the time of the original hearing date. The court continued the motion first to December 8, 2025, then to January 26, 2026, and then to this hearing date of March 9, 2026. Each time the court continued the motion, the court ordered defendant to serve plaintiff with the motion to quash and with notice of the continued hearing date. When the matter was continued to this date, the court ordered the clerk to give notice to the defendant of the court’s orders, which was accomplished on January 27, 2026. Still, no proof of service has been made.

Based upon defendant Pizarro’s persistent failure to serve the motion to quash, the court determines that Pizarro has abandoned this motion. The motion to quash is ordered off calendar. Pizarro shall file and serve her response to the complaint within 15 days of service on her of written notice of this ruling. (See Code Civ. Proc., § 418.10, subd. (b).) Plaintiff Midland Credit Management, Inc., is ordered to serve notice of this ruling on Pizarro and to file proof of such service with the court.”