Motion for Summary Judgment in the Alternative MSA
23CV010098: 140 BLUE RAVINE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs PHOENIX MOTOR, INC, A DELAWARE CORPORATION, et al. 08/14/2025 Hearing on Motion for Summary Judgment in the Alternative MSA in Department 53
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that if requested, oral argument regarding this tentative ruling will take place at 1:30 p.m. in Department 25 in the Gordon D. Schaber Courthouse located at 720 9th Street, Sacramento, CA, the Honorable Julie G. Yap 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/sscdept25 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868
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/courtreporters/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.
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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:
23CV010098: 140 BLUE RAVINE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs PHOENIX MOTOR, INC, A DELAWARE CORPORATION, et al. 08/14/2025 Hearing on Motion for Summary Judgment in the Alternative MSA in Department 53
*** The Court finds in its file no proof of service demonstrating defendants service of the Notice of Disclosure issued on 3/17/2025, despite being directed to serve all other parties with the Notice of Disclosure forthwith. 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. ***
Plaintiffs motion for summary judgment/adjudication is on the Courts own motion CONTINUED to 9/25/2025 at 1:30 p.m. in Department 53.
No further filings on this matter will be permitted or considered.
Moving plaintiff 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.)