Motion for Leave to File First Amended Complaint; Motion for Clarification or Modification of Prior Order
24CV026788: NGUYEN vs MA, et al. 05/12/2026 Hearing on Motion for Leave to File First Amended 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.
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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
24CV026788: NGUYEN vs MA, et al. 05/12/2026 Hearing on Motion for Leave to File First Amended Complaint in Department 16D
and requests a court reporter, the party must submit a Request for Court Reporter by a Party with 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 notice of motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06. 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. 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.
Plaintiff Nguyens Motion for Leave to File First Amended Complaint and for Clarification or Modification of Prior Order is ruled upon as follows.
By its own terms, plaintiffs single motion appears to combine a request for leave to file an amended complaint with a request for clarification and/or modification of a prior Court order. These two requests constitute separate and distinct motions, as one is governed by Code of Civil Procedure §473 and the other is governed by Code of Civil Procedure §1008. In light of this fact, Defendants filed on 4/27/2026 a document entitled Objection to Motion Seeking Clarification and Modification, setting forth various grounds why plaintiff Nguyens pending motion should be denied to the extent it seeks clarification and/or modification of the Courts (Judge Yap) 4/9/2025 order on defendants prior motion to compel arbitration.
The Court sustains defendants objection and therefore, declines to consider plaintiff Nguyens request in the pending motion for clarification and/or modification of Judge Yaps 4/9/2025 order. The Court finds such request by plaintiff to be procedurally
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV026788: NGUYEN vs MA, et al. 05/12/2026 Hearing on Motion for Leave to File First Amended Complaint in Department 16D
improper on multiple grounds.
As a result, the only remaining portion of plaintiffs present motion is the request for leave to amend. Defendants reserved their right to oppose substantively such motion in light of their objection, which has now been sustained. Therefore, the hearing on the remainder of plaintiff Nguyens pending motion for leave to amend is on the Courts own motion CONTINUED to 6/30/2026 at 1:30 p.m. in this department.
Defendants may file and serve no later than 5/26/2026 a substantive opposition to the plaintiff Nguyens pending motion to amend.
Plaintiff Nguyen may file and serve no later than 6/4/2026 a reply to any opposition by defendants.
Moving party 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.)