Demurrer to Plaintiff’s Complaint
25CV026041: HABIBI vs ELK GROVE UNIFIED SCHOOL DISTRICT, et al. 06/24/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 8C
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 8C, located at the Tani G. Cantil-Sakauye Courthouse located at 500 G. Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.
Any party who wishes to contest the tentative ruling below must:
(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail 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 they have notified the opposing party of their intention to appear; and
(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.
If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.
25CV026041: HABIBI vs ELK GROVE UNIFIED SCHOOL DISTRICT, et al. 06/24/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 8C
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/j/16039062174
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 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
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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV026041: HABIBI vs ELK GROVE UNIFIED SCHOOL DISTRICT, et al. 06/24/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 8C
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
Defendant Elk Grove Unified School Districts demurrer to Plaintiffs complaint is ruled upon as follows.
Plaintiff objects to the declaration of Melissa Reynolds on the grounds that the declaration states that it was executed on March __, 2026 at Sacramento, California. The date of execution is blank. Code of Civil Procedure section 2015.5 requires a declaration executed within California to state the date and place of execution. Plaintiff argues that because the declaration omits the execution date, it does not comply with section 2015.5 and should not be treated as competent sworn evidence.
On reply, Defendant requests leave to submit a corrected declaration if the court determines that any technical defect in the declaration matters. (Reply, p.3, at fn 1.)
The Court continues this matter to July 29, 2026 at 1:30 PM in Department 8C. Defendant has leave to file a supplemental declaration that is dated to cure the deficiency. No other new filings are allowed without further leave of Court.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”