Demurrer
26CV000409: GRAMAJO vs YOFFYLY, A CALIFORNIA CORPORATION 07/21/2026 Hearing on Demurrer 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.
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 on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts.
Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000. 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.
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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 Reporters Office and an official reporter will be provided. *** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G.
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26CV000409: GRAMAJO vs YOFFYLY, A CALIFORNIA CORPORATION 07/21/2026 Hearing on Demurrer in Department 16D
DEPARTMENT 16D OF THE NEW COURTHOUSE. ***
TENTATIVE RULING
*** The Court finds in its file no proof of service demonstrating demurring defendants service of the Notice of Disclosure issued on 3/11/2026, despite being directed to serve all other parties with the Notice of Disclosure forthwith. Demurring defendants are directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***
Defendants Yoffyly and Usko Realty, Inc.s demurrer to the First Amended Complaint filed by plaintiff in pro per Gramajo is ruled upon as follows.
The Court finds that plaintiff Gramajo did not file any opposition or other written objection to the present demurrer, which is construed as a concession on the merits of this demurrer. (See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.) Therefore, this demurrer shall be SUSTAINED as unopposed.
However, as this is the first challenge to the complaint on which the Court has had an opportunity to rule, leave to amend is granted. Plaintiff may file and serve a second amended complaint no later than 9/11/2026 (given that there is another demurrer currently set for hearing on 8/25/2026). Although not required by Court rule or statute, plaintiff is directed to present a copy of this order when the amended complaint is presented for filing.
Demurring defendants to respond within 30 days if the amended complaint is personally served, 35 days if served by mail.
In the event demurring defendants intend to respond to the amended complaint with a demurrer and/or motion to strike, they are reminded that both Code of Civil Procedure §430.41 and §435.5 require them to first meet-and-confer in person, by telephone, or by video conference (and not merely by letter and/or email) with plaintiff before filing a demurrer or motion to strike. (Emphasis added.)
Plaintiff is reminded that the meet-and-confer requirements of Code of Civil Procedure §430.41 and §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.
Demurring defendants to provide notice of this ruling and file proof of service of same within five (5) court days.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV000409: GRAMAJO vs YOFFYLY, A CALIFORNIA CORPORATION 07/21/2026 Hearing on Demurrer in Department 16D
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)