Poalston

BACKGROUND

Plaintiff’s action was filed on April 6, 2022. On the same date, the court issued a notice setting the case for trial on April 12, 2023. Defendant filed an answer, and the trial was continued to June 2, 2023. On June 2, 2023, the trial was conducted, and judgment in favor of plaintiff was rendered. On July 26, 2023, the court granted defendant’s motion for a new trial, and vacated the judgment entered against him. Also on July 26, 2023, the court issued a notice setting the case for trial on February 29, 2024.

1 All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

2 Plaintiff on February 2, 2024, filed a witness list, indicating as witnesses: “1. Custodian of Records for CAVALRY SPV I, LLC whose address is in care of Nelson and Kennard, 5011 Dudley Blvd., Bldg. 250, Bay G, McClellan, California 95652,” and “2. Custodian of Records for Citibank, N.A. whose address is 5800 S. Corporate Drive, Sioux Falls, South Dakota 57108.” The list also included Donald Kaufman, Sonya Torres, Matthew Roberts, and Enrique Sanchez (identified as Cavalry employees and representatives), and defendant’s name. On April 9, 2024, defendant filed a…