AIR SYSTEMS SERVICE & CONSTRUCTION, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs MEDLEY, et al.

24CV024763: AIR SYSTEMS SERVICE & CONSTRUCTION, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs MEDLEY, et al. 09/17/2025 Hearing on Demurrer to Plaintiff's First Amended Complaint in Department 53

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 25, located at 720 9th Street, Sacramento, CA, the Hon. 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 Court’s 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/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 Court’s 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

24CV024763: AIR SYSTEMS SERVICE & CONSTRUCTION, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs MEDLEY, et al. 09/17/2025 Hearing on Demurrer to Plaintiff's First Amended Complaint in Department 53

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 Reporter’s Office and an official reporter will be provided

TENTATIVE RULING

Defendants Craig Medley, Brent Mullens, Kevin Undercoffer, Travis Wise, Kevin Filippo, Ralph Perko, THP Mechanical LLC, and Stacy Therkildsen’s (“Defendants”) Demurrer to Plaintiff Air Systems Service & Construction, LLC’s (“Plaintiff”) First Amended Complaint (“FAC”) is CONTINUED to October 15, 2025 at 1:30 p.m. to permit further meet and confer efforts.

Code of Civil Procedure section 430.41(a)(1) provides, in relevant part: As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. (Emphasis added.)

As noted by Plaintiff, Defendants’ meet and confer letter did not include any discussion of the demurrer to the sixth and eighth cause of action based on the timing of the alleged conduct (the alleged “Competing Business Scheme”). The declaration of counsel further states that the parties met and conferred specifically on the issues raised in the meet and confer letter, with no discussion of further issues raised during this discussion.

Accordingly, this matter is CONTINUED to October 15, 2025, at 1:30 p.m., in this department to allow for further meet and confer efforts.

Prior to the hearing, parties shall meet and confer in person or by telephone. No later than October 1, 2025, Defendants shall file and serve a supplemental declaration, in

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV024763: AIR SYSTEMS SERVICE & CONSTRUCTION, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs MEDLEY, et al. 09/17/2025 Hearing on Demurrer to Plaintiff's First Amended Complaint in Department 53

conformity with Code of Civil Procedure section 430.41(a)(3), in which Defendants shall also identify what issues, if any, remain unresolved following the meet-and-confer process and will still require resolution by the Court.

No further briefing is allowed without prior permission by the Court.

On the Court's own motion, the Hearing on Demurrer to Plaintiff's First Amended Complaint scheduled for 09/17/2025 is continued to 10/15/2025 at 01:30 PM in Department 53 at Hall of Justice.