MASSIOUI vs MEZA, et al.
Motion to Strike Portions of Complaint
Motion type
Parties
Ruling
25CV018937: MASSIOUI vs MEZA, et al. 07/27/2026 Hearing on Motion to Strike Portions of Complaint in Department 8C
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 8C Oral Argument Request Line at (916) 874-8380 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.
Any hearing on this matter will be held by the Hon. Thadd A. Blizzard in Department 11B of the Tani G. Cantil-Sakauye Courthouse located at 500 G Street Sacramento, CA. The Zoom Link for Department 11B is https://saccourt-ca-gov.zoomgov.com/j/16090961628 and the Zoom Meeting ID is 160 9096 1628. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Although any hearing on this matter will be held in Department 11B, you must call the Department 8C Oral Argument Request Line provided above to request argument.
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-services-transcripts. 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.
25CV018937: MASSIOUI vs MEZA, et al. 07/27/2026 Hearing on Motion to Strike Portions of Complaint in Department 8C
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 forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING
***NOTICE: THIS MATTER WILL BE HEARD IN DEPARTMENT 11B OF THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. PARTIES APPEARING REMOTELY VIA ZOOM SHOULD ENSURE THAT THEY ARE USING THE CORRECT ZOOM LINK AND/OR ZOOM MEETING ID FOR DEPARTMENT 11B, WHICH ARE PROVIDED ABOVE.***
Defendants Sarah Jane Egante (Egante), Elderly Carehome LLC, Elderly Guest Home LLC, and Home Sweet Home II LLC (collectively, Defendants) motion to strike portions of Plaintiff Ben Abdelilah El Massiouis (Plaintiff) Complaint is CONTINUED to August 24, 2026 at 1:30 p.m. in Department 8C so that Defendants can comply with the meet and confer requirement.
Before filing a motion to strike the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. (Code Civ. Proc. § 435.5(a).) To establish compliance with this requirement, the moving party shall file and serve with the motion to strike a declaration stating either that the parties met and conferred but did not resolve the objections raised by the motion to strike or that the other party did not respond to the moving partys meet and confer efforts. (Code Civ.
Proc. § 435.5(a)(3).) Defendants have not filed a declaration with their motion and thus have not established compliance with the meet and confer requirement. Additionally, Plaintiffs counsel declares that at no point prior to the filing and service of the motion to strike did he receive any form of outreach or communication from Defendants counsel in regard to any topic, including meeting and conferring with respect to the allegations of Mr. Massiouis complaint. (Sanders Decl., ¶ 2.) Thus, not only did Defendants fail to file the declaration required by section 435.5(a)(3), but the records indicates that
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV018937: MASSIOUI vs MEZA, et al. 07/27/2026 Hearing on Motion to Strike Portions of Complaint in Department 8C
Defendants counsel did not make any effort to meet and confer as required by section 435.5(a).
Therefore, prior to the continued hearing date, Defendants counsel is ordered to meet and confer with Plaintiffs counsel in person, by telephone, or by video conference to discuss Defendants objections to Plaintiffs Complaint. (Code Civ. Proc. § 435.5(a).) During the meet and confer process, Defendants counsel shall identify all of the specific allegations that it believes are subject to being stricken and identify with legal support the basis of the deficiencies. (Code Civ. Proc. § 435.5(a)(1).) Defendants counsel shall then file a declaration that satisfies Code of Civil Procedure section 435.5(a)(3) by no later than August 11, 2026. Failure to comply with these directives will result in the motion to strike being dropped from calendar.
No further briefing on the merits is permitted.
On the Court's own motion, the Hearing on Motion to Strike Portions of Complaint scheduled for 07/27/2026 is continued to 08/24/2026 at 01:30 PM in Department 8C at Tani G. Cantil-Sakauye Courthouse.
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