Motion for Leave to Amend the Complaint
24CV023959: BURKE, et al. vs PACIFIC MODERN HOMES, INC., et al. 07/21/2026 Hearing on Motion for Leave to Amend the 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 Department 16D Oral Argument Request Line at (916) 874-3056 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.
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CANTIL- SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D
24CV023959: BURKE, et al. vs PACIFIC MODERN HOMES, INC., et al. 07/21/2026 Hearing on Motion for Leave to Amend the Complaint in Department 16D
UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING
Neither the original nor the amended notice of motion provides the correct address for this Courts Dept. 16D or complies with Code of Civil Procedure §1010 and CRC Rule 3.1110(a), requiring the moving parties to state the grounds for the motion presented.
Plaintiffs in pro per Griffin and Gregory Burkes motion for leave to file second amended complaint (although the body of both the original and the amended notice of motion actually seek leave to file a First Amended Complaint [sic] and the moving papers appear to include remnants of plaintiffs prior motion for leave to file First Amended Complaint [sic]) is ruled on as follows.
As a preliminary matter, since this motion was filed, the Court on 7/9/2026 entered judgment in favor of defendant CM Vantage Specialty Insurance Company (CM) on the sole cause of action brought against it, which was plaintiffs eleventh cause of action. That judgment has not been vacated or set aside. Plaintiffs present motion therefore improperly seeks to amend a cause of action which has already been adjudicated to final judgment and the Court finds no grounds upon which a cause of action which has been dismissed with prejudice may be subsequently amended. Therefore, plaintiffs present motion is DENIED insofar as it seeks to amend the eleventh cause of action against defendant CM.
Otherwise, the Court finds no opposition or other written objection to the present motion, which is construed as a concession on the merits of this motion to amend. (See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.) Therefore, this motion to amend is GRANTED in other respects not related to the eleventh cause of action against defendant CM.
Plaintiffs shall separately file and serve the proposed Second Amended Complaint in the same form which was attached to the 1/14/2026 moving papers no later than 7/31/2026. (Although not required by court rule or statute, plaintiffs are directed to present a copy of this order when the amended complaint is presented for filing.) However, for the reasons explained above, the Court hereby orders that the eleventh cause of action is stricken.
The Court notes that the case caption on the first page of plaintiffs First Amended Complaint and their proposed Second Amended Complaint is different from the case caption on the first page of original complaint filed on 11/25/2024 even though the case caption ordinarily does not change even with the addition and/or dismissal of parties.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV023959: BURKE, et al. vs PACIFIC MODERN HOMES, INC., et al. 07/21/2026 Hearing on Motion for Leave to Amend the Complaint in Department 16D
Moving parties 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.)