M V P Construction, LLC vs. Davis/Reed Construction, Inc.

34-2021-00306654-CU-BC-GDS: M V P Construction, LLC vs. Davis/Reed Construction, Inc. 10/21/2025 Hearing on Motion for Leave to File First Amended Cross-Complaint in Department 54

Tentative Ruling

Defendant/Cross-Complainant Davis/Reed Construction, Inc.’s (“DRC”) motion for leave to file a first amended cross-complaint (“1ACC”) is UNOPPOSED and is GRANTED.

This dispute arises from a construction project known as the Hyatt Centric Marshall Hotel located at 1120 7th Street, Sacramento, CA 95814 (“Project”). DRC served as the general contractor for the Project and subcontracted with Plaintiff MVP Construction, LLC (“Plaintiff”) to furnish certain labor and materials to the Project.

DRC moves to amend the 1ACC to add the owner of the Project, 1122 7th Street, LLC (“Owner”), as a Cross-Defendant and a cause of action for equitable indemnity against the Owner.

DRC has complied with CRC Rule 3.1324.

Trial is currently scheduled for August 25, 2026.

It is well established that California courts have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others. (Board of Trustees v. Super. Court (2007) 149 Cal. App. 4th 1154, 1163.) Moreover, Section 473 of the Code of Civil Procedure authorizes the trial court, in its discretion, to allow amendments in furtherance of justice. The policy of great liberality in permitting amendments at any stage of the proceeding has been declared by our courts. (Klopstock v. Superior Court (1941) 17 Cal. 2d 13, 19-20.)

Given the great liberality of allowing amendments, and the lack of opposition, which the Court construes as a concession on the merits (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground]), the motion is GRANTED.

No later than November 11, 2025, DRC may file and serve the 1ACC. Although not required by any statute or rule of court, DRC is requested to attach a copy of the instant minute order to the 1ACC to facilitate the filing of the pleading.)

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)

Moving counsel’s notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff’s counsel

34-2021-00306654-CU-BC-GDS: M V P Construction, LLC vs. Davis/Reed Construction, Inc. 10/21/2025 Hearing on Motion for Leave to File First Amended Cross-Complaint in Department 54

and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiff’s counsel prior to hearing, moving counsel is ordered to appear at the hearing.

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 54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 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.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2021-00306654-CU-BC-GDS: M V P Construction, LLC vs. Davis/Reed Construction, Inc. 10/21/2025 Hearing on Motion for Leave to File First Amended Cross-Complaint in Department 54

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 forward the form to the Court Reporter’s Office and an official reporter will be provided.