Montalvo v. JP Morgan Chase Bank, N.A.

I respectfully concur with the majority opinion but write separately to express my concern with the fact that the hearing in this case was set by submission. A number of years ago, trial courts began to hold “hearings by submission.” In such a “hearing,” the trial court rules solely on the parties’ written submissions and does not hear evidence or arguments of the parties. These submission hearings are useful to both the trial court and the parties, allowing the court to rule on issues without the added time and expense of an oral hearing in court.

Some parties have contested the use of a…