AINA vs TONG, et al.

25CV027109: AINA vs TONG, et al. 07/15/2026 Hearing on Demurrer to First Amended Complaint in Department 8D

Tentative Ruling

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 Department 8D Oral Argument Request Line at (916) 874-7719 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 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 8D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16113421868 and the Zoom Meeting ID is 161 1342 1868. 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 on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-servicestranscripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required

25CV027109: AINA vs TONG, et al. 07/15/2026 Hearing on Demurrer to First Amended Complaint in Department 8D

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 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 Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING:

Defendants California State Teachers’ Retirement System’s and Steven Tong’s (collectively “Defendants”) demurrer to Plaintiff in pro per Ibukunoluwa Aina’s (“Plaintiff”) First Amended Complaint (“FAC”) is CONTINUED to August 19, 2026 in this department because Defendants did not file and serve with this demurrer a declaration which satisfies the requirements of Code of Civil Procedure section 430.41.

Code of Civil Procedure section 430.41 subdivision (a) provides:

(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.

(Underline added for emphasis.)

Here, the declaration filed with this demurrer indicates that the only meet and confer efforts were made in January of 2026. Specifically, Christopher Beatty declares that he spoke with Plaintiff by phone on January 16, 2026. (Beatty Decl., ¶ 3.) Mr. Beatty also

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV027109: AINA vs TONG, et al. 07/15/2026 Hearing on Demurrer to First Amended Complaint in Department 8D

declares that he was communicated with Plaintiff “by email” and attaches as Exhibit 2 emails with Plaintiff which were sent between January 12-15, 2026. However, Plaintiff filed his FAC on February 13, 2026. There is no indication that the parties met and conferred again after Plaintiff filed and served his FAC as required.

Accordingly, the Court continues this matter so that the parties can engage in further meet and confer efforts. Defendants shall, pursuant to the provisions of Code of Civil Procedure section 430.41, subdivision (a), meet and confer “in person, by telephone, or by video conference” with Plaintiff regarding his FAC filed on February 13, 2026.

Defendants shall also file and serve no later than July 31, 2026, a declaration in conformity with Code of Civil procedure section 430.41 subdivision (a)(3). This declaration shall also identify any issues raised by the demurrer which have been resolved via the meet-and-confer process and no longer need resolution by the Court.[1]

Defendants 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; Cal. Rules of Court, rule 3.1312.)

[1] In this regard, the Court observes that a number of grounds for demurrer are directed

at “Plaintiff’s Probate Code section 16420 claim.” However, the FAC does not mention Probate Code section 16420 once.

On the Court's own motion, the Hearing on Demurrer to First Amended Complaint scheduled for 07/15/2026 is continued to 08/19/2026 at 01:30 PM in Department 8D at Tani G. Cantil-Sakauye Courthouse.