Demurrer to Plaintiffs’ Complaint
23CV007493: ROMANISHIN vs ROMANISHIN 01/17/2024 Hearing on Demurrer to Plaintiffs' Complaint in Department 54
Tentative Ruling
Defendant has stated the incorrect address for Department 54 in its notice of motion. The correct address for Departments 53 and 54 (Law and Motion) of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify opposing counsel immediately.
Defendant Michael Romanishins (Defendant) Demurrer to Plaintiff Ludmila Romanishins (Plaintiff) Complaint is UNOPPOSED and SUSTAINED with leave to amend.
This matter pertains to an alleged incident of domestic violence by Defendant against Plaintiff on or around July 22, 2017. As a result of the injuries Plaintiff sustained, she continues to suffer from long term pain and has been unable to work since the incident.
The demurrer is sustained. The Court construes Plaintiffs failure to oppose the demurrer 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].) Leave to amend is granted because this is the first demurrer to the complaint.
Plaintiff may file and serve an amended complaint no later than February 17, 2024. Although not required by statute or court rule, Plaintiff is directed to present the clerk a copy of this ruling at the time of filing the First Amended Complaint.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.
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
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23CV007493: ROMANISHIN vs ROMANISHIN 01/17/2024 Hearing on Demurrer to Plaintiffs' Complaint in Department 54
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 53/54 Zoom Link is https://saccourt-cagov.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 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 forward the form to the Court Reporters Office and an official reporter will be provided.