Motion to be Relieved as Counsel
23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 03/19/2025 Hearing on Motion to be Relieved as Counsel in Department 54
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich presiding. Should argument be requested by either party, the requesting party 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, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
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.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts 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.
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/my/sscdept28
SIP Address:
16039062174@sip.zoomgov.com
(833) 568-8864
ID: 16039062174
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
23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 03/19/2025 Hearing on Motion to be Relieved as Counsel in Department 54
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 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 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 Reporters Office and an official reporter will be provided.
TENTATIVE RULING
Counsel Port J. Parker, Jeffrey S. Einsohn, and Micah B. Parandes of Parker Taylor Law Group, PCs (collectively, Counsel) unopposed motion to be relieved as counsel of record is ruled upon as follows:
For Defendants Vatche Cabayan, Trustee of the Vatche Cabayan and Katia Cabayan Family Trust, and Katia Cabayan, Trustee of the Vatche Cabayan and Katia Cabayan Family Trust, the motion is DENIED as moot due to the substitution of attorney filed on behalf of these Defendants on March 3 and 5, 2025, respectively.
The moving papers identify the remaining Defendants as follows: (1) Bruce Bedig, individually; (2) Bruce Bedig, c/o and on behalf of Reserve Interests & Management, Inc. (RIM, Inc.); BMB Investment Company; (3) Elk Grove Reserve, c/o and on behalf of Bruce Bedig, President of Management Company (RIM, Inc.) as General Partner; (4) Thomas P. Kerr, c/o and on behalf of The Kerr Family LLC and Thomas P. Kerr, Inc.; (5) Thomas P. Kerr, individually; (6) Margo K. Thelander, individually; (7) John L. Miller and Joyce Miller as Trustees of The 1993 Irrevocable Bedig Family Trust; and (8) Mary Eugenia Shamouel, individually. (See Attachment to Parker Decl., p. 1.) For these Defendants, the motion is GRANTED.
The Court will not sign the proposed order submitted with the moving papers, as it is incomplete. Counsel are directed to submit separate proposed orders for each client for which the motion is
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 03/19/2025 Hearing on Motion to be Relieved as Counsel in Department 54
being granted that lists that clients current address and telephone number in section 6. The revised orders should also correct section 9, as the trial date was recently vacated. The Court will sign the revised orders, and each order will become effective upon the filing of a proof of service of the signed order on the respective client. (Cal. Rules of Court, rule 3.1362(e).) Service of the signed orders may be completed via email.
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