Demurrer to Plaintiff’s Complaint
25CV030855: CARLOS vs SUPER BROTHERS PLUMBING HEATING & AIR, INC. 06/16/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 16D
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you 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 and advise opposing counsel. 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.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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.
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
25CV030855: CARLOS vs SUPER BROTHERS PLUMBING HEATING & AIR, INC. 06/16/2026 Hearing on Demurrer to Plaintiff's Complaint 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.
TENTATIVE RULING:
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN 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. ***
*** The Court finds in its file no proof of service demonstrating moving defendants service of the Notice of Disclosure issued on 5/28/2026, despite being directed to serve all other parties with the Notice of Disclosure forthwith. Moving defendant is directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***
The notice of demurrer does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for this Courts Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing in person, by Zoom or by telephone.
Defendant did not file and serve with this demurrer any declaration which satisfies the express requirements of Code of Civil Procedure §430.41, which specifies that the demurring party must meet-and-confer in person, by telephone, or by video conference with the party filing the pleading that is the subject of the demurrer. (Emphasis added.) Here, the declaration filed with this demurrer indicates that the only meet-and-confer efforts were made via letter correspondence on 3/13/2026 but the mere exchange letters and/or emails does not satisfy the express statutory requirements of Code of Civil Procedure §430.41. Indeed, the purpose of in person, telephone or video conference meet-and-confer sessions is to maximize the resolution of disputes by fostering an open dialogue that is not constrained by the mere exchange of letters and/or emails.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV030855: CARLOS vs SUPER BROTHERS PLUMBING HEATING & AIR, INC. 06/16/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 16D
Additionally, defendants declaration fails to indicate whether any response was received from opposing counsel. Plaintiffs counsel is reminded that the meet-and-confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet-andconfer efforts in person, by telephone, or by video conference even if s/he disagrees with the challenge to the pleading.
In any event, aside from the aforementioned deficiencies, defendants demurrer to plaintiffs complaint is DROPPED as moot, given that plaintiff timely filed a First Amended Complaint on 6/2/2026. Code of Civil Procedure §472(a) provides in pertinent part:
A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. (Underline added for emphasis.)
Because plaintiffs amended complaint was timely filed, Defendants demurrer which is directed to the original complaint is rendered moot and dropped. Finally, the Court is in receipt of Defendant's only recently filed 6/12/2026 "Notice of Withdrawal of Demurrer." For the future, the Court advises Defendant to make such filings (and contact the Department) immediately upon determining that it will drop a motion/demurrer so as to conserve Court resources. This is especially important where here, the First Amended Complaint has been on file since 6/2/2026.
Defendant to provide notice of this ruling and file proof of service of same within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)