SIMPSON vs THE CROSSINGS APARTMENTS, AN UNKNOWN ENTITY, et al.

23CV013859: SIMPSON vs THE CROSSINGS APARTMENTS, AN UNKNOWN ENTITY, et al. 07/13/2026 Hearing on Motion for Stay of Proceedings in Department 8D

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that effective April 13, 2026, this department has moved to the Tani G. Cantil-Sakauye courthouse located at 500 G Street in Sacramento, CA 95814. All hearings noticed for Department 25 will be heard in Department 8D of the new courthouse. Parties who wish to contest the tentative ruling below must: (1) request a hearing by calling the Department 8D Oral Argument Request Line at (916) 874-7719 no later than 4:00 p.m. on the Court day before the scheduled CMC, and (2) advise opposing counsel of the request.

If a hearing is not requested by 4:00 p.m. on the Court day before the scheduled CMC, the tentative ruling shall become the final order of the Court. The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Court’s Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. If a hearing is requested, the Court assumes that all parties will appear remotely via Zoom unless the Court orders inperson attendance.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link: https://saccourt-ca-gov.zoomgov.com/j/16113421868 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 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 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 Court’s 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 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 be forward the form to the Court Reporter’s Office and an official reporter will be provided

23CV013859: SIMPSON vs THE CROSSINGS APARTMENTS, AN UNKNOWN ENTITY, et al. 07/13/2026 Hearing on Motion for Stay of Proceedings in Department 8D

TENTATIVE RULING

Defendant Gem Crossings, LLC’s (“Defendant”) Motion to Stay Proceedings is ruled upon as follows.

Factual Background

This personal injury action arises out of injuries incurred by Plaintiff Dominique Simpson’s (“Plaintiff”) when she was attacked by an unknown individual. Plaintiff’s complaint alleges causes of action for: (1) assault; (2) battery; (3) intentional infliction of emotional distress; (4) negligence; and (5) negligent infliction of emotional distress.

Plaintiff Dominique Simpson passed away on April 7, 2024. (See Defendant’s Notice to Court of Suggestion of Death filed on March 9, 2026.)

Defendant moves for a stay of proceedings for 90 days, on the grounds of: (1) lack of standing, as Plaintiff is no longer the real party in interest; (2) failure to comply with Code of Civil Procedure section 377.30 et seq.; and (3) due process violations as the result of continuing proceedings without proper notice or representation.

Defendant has filed a proof of service with the instant motion indicating that service was performed on Plaintiff’s counsel of record; on Plaintiff’s “unverified relative” Natasha Normand; and on the clerk of the Court, pursuant to Code of Civil Procedure 1011(b).

Discussion

“A court is without jurisdiction to proceed when one of the parties before it has died and there has been no substitution of any representative of the deceased.” (In re Cazaurang's Estate (1939) 35 Cal.App.2d 556, 558; see also Judson v. Love (1868) 35 Cal. 463, 467 [“The power of attorney necessarily ceased with the death of the principal. No further proceedings could be had without bringing in the representatives”].) Service on potential heirs does not satisfy the representation requirement in order to proceed. (See Code Civ. Proc. §§ 377.31, 377.32; Higgins v. Kay (1914) 168 Cal. 468, 471-473.)

The case at bar is currently at a jurisdictional roadblock. Without the presence of a representative, the case cannot simply continue with effectively no Plaintiff (and no counsel for Plaintiff, should the motion to be relieved as counsel be granted).

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV013859: SIMPSON vs THE CROSSINGS APARTMENTS, AN UNKNOWN ENTITY, et al. 07/13/2026 Hearing on Motion for Stay of Proceedings in Department 8D

The Court finds that a stay of the instant matter is an appropriate route to resolve the issue of Plaintiff’s representative. No party or individual has filed any opposition or objection to the stay. A party's failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)

The Court will exercise its inherent authority to control its own proceedings, and GRANT the instant motion. The matter is stayed for 180 days. However, the Court excludes from the stay and will permit to be heard the motion to be relieved as counsel, set to be heard on July 20, 2026.

The Court will sign the proposed order submitted with the motion, with the above revisions.

The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.