Motion to Strike
25CV022921: SANCHEZ, et al. vs SUBARU OF AMERICA, INC., et al. 05/26/2026 Hearing on Motion to Strike 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 and requests a court reporter, the party must submit a Request for Court Reporter by a Party with
25CV022921: SANCHEZ, et al. vs SUBARU OF AMERICA, INC., et al. 05/26/2026 Hearing on Motion to Strike 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 notice of motion 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, now designated as Dept. 16D. 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. 16D. 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.
Defendants motion to strike portions of plaintiffs Complaint is on the Courts own motion CONTINUED to 7/7/2026 at 1:30 p.m. in this department because defendant did not file and serve with this motion any declaration which satisfies the provisions of Code of Civil Procedure §435.5, which expressly requires the moving party to meet and confer in person, by telephone or by video conference with the party filing the pleading that is the subject of the motion to strike. (Emphasis added.)
Here, the declaration filed with the moving papers indicates that attorney Valle attempted to meet and confer via email with plaintiffs attorney but meet-and-confer efforts via email do not satisfy the explicit mandate of Code of Civil Procedure §435.5, plainly requiring the moving party to meet and confer in person, by telephone or by video conference. Indeed, the purpose of requiring meet-and-confer sessions take place in person, by telephonic or by video conference is to maximize the prospects for resolution of disputes by fostering an open dialogue which is not constrained by the mere exchange of emails and/or letters which, as confirmed here, is not likely to be productive. Additionally, the moving declaration further states that no meet-and-confer session actually occurred, as opposing counsel did not respond to attorney Valles
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV022921: SANCHEZ, et al. vs SUBARU OF AMERICA, INC., et al. 05/26/2026 Hearing on Motion to Strike in Department 16D
emails. Consequently, the moving party has failed to comply with the requirements of Code of Civil Procedure §435.5.
Therefore, moving defendant shall pursuant to the provisions of Code of Civil Procedure §435.5(a) promptly meet and confer in person, by telephone or by video conference with the party filing the pleading which is the subject of this motion to strike and then file and serve no later than 6/16/2026 a declaration in conformity with §435.5(a). This declaration shall also identify any issues raised by the motion to strike which have been resolved via the meet-and-confer process and no longer need resolution by the Court.
Plaintiffs counsel is reminded that the meet-and-confer requirements of Code of Civil Procedure §435.5 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.
No further filings on this matter will be permitted or considered.
Moving 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.)