MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION

23CV009343: MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION 05/12/2025 Hearing on Motion for Leave to Amend the Complaint in Department 54

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard in Department 28, located at 720 9th 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.

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/sscdept28

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

23CV009343: MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION 05/12/2025 Hearing on Motion for Leave to Amend the Complaint in Department 54

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 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: Plaintiff Roddie McElhaney’s (“Plaintiff”) unopposed motion for leave to amend the complaint is GRANTED.

Plaintiff filed his complaint in this action on October 3, 2023, when he still had title to his home. Plaintiff contends that Defendants have since taken title to his home in a wrongful alleged foreclosure sale, requiring him to amend his complaint accordingly. (Decl. McElhaney, ¶1.)

Plaintiff moved for leave to amend his complaint, which motion was denied without prejudice on March 13, 2025 for failure to comply with CRC Rule 3.1324.

Plaintiff seeks leave to file an amended complaint to add additional causes of action based on the foreclosure sale that allegedly was wrongful and occurred after the filing of the original complaint. Plaintiff has submitted the required declaration and has now complied with CRC Rule 3.1324. Leave to amend is proper.

No opposition to the motion was filed. A party’s failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)

The motion is UNOPPOSED and GRANTED.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV009343: MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION 05/12/2025 Hearing on Motion for Leave to Amend the Complaint in Department 54

Plaintiff shall file and serve the proposed first amended complaint attached as Exhibit 1 to the Declaration of McElhaney no later than May 27, 2025.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.