Motion for Leave to File First Amended Complaint
24CV002348: MITCHELL vs SUMMIT FUNDING, INC, et al. 07/15/2026 Hearing on Motion for Leave to File First Amended Complaint in Department 8C
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that in Judge Richard C. Miadichs absence, any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 16B in the Tani G. Cantil-Sakauye Courthouse at 500 G Street, Sacramento, CA, the Hon. Shelleyanne W.L. Chang 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) 874-8380, 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.
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/16159979406
SIP Address:
24CV002348: MITCHELL vs SUMMIT FUNDING, INC, et al. 07/15/2026 Hearing on Motion for Leave to File First Amended Complaint in Department 8C
16159979406@sip.zoomgov.com
(833) 568-8864
ID: 16159979406
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to
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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:
The Notice of Motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06(D). Plaintiffs counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure. If Plaintiffs counsel is unable to contact opposing counsel prior to the hearing, they shall be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV002348: MITCHELL vs SUMMIT FUNDING, INC, et al. 07/15/2026 Hearing on Motion for Leave to File First Amended Complaint in Department 8C
Plaintiffs Brian Mitchells (Plaintiff) Motion for Leave to File First Amended Complaint is denied without prejudice for failure to comply with California Rules of Court, rule (CRC) 3.1324.
CRC 3.1324 states that a motion to amend a pleading before trial must: . . . State what allegations in the previous pleading are proposed to be [deleted/added], if any, and where, by page, paragraph, and line number, the [deleted/additional] allegations are located. (CRC 3.1324(a)(2), (a)(3).)
CRC 3.1324(b) further requires a separate declaration which sets forth:
(1) The effect of the amendment;
(2) Why the amendment is necessary and proper;
(3) When the facts giving rise to the amended allegations were discovered; and
(4) The reasons why the request for amendment was not made earlier.
Plaintiffs moving papers do not satisfy these requirements, which are mandatory. Accordingly, Plaintiffs motion is denied without prejudice for failure to comply with CRC 3.1324.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; CRC 3.1312.)