Latonia Vaughan vs. Karma Apartments

34-2023-00334089-CU-BC-GDS: Latonia Vaughan vs. Karma Apartments 08/04/2026 Hearing on Motion to Strike First Amended Cross-Complaint in Department 16D

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 16D Oral Argument Request Line at (916) 874-3056 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 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. 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-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. 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 forward the form to the Court Reporter’s Office and an official reporter will be provided. *** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G.

CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA

34-2023-00334089-CU-BC-GDS: Latonia Vaughan vs. Karma Apartments 08/04/2026 Hearing on Motion to Strike First Amended Cross-Complaint in Department 16D

95814. ALL HEARINGS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***

TENTATIVE RULING

The notice of motion does not provide the correct address for this Court’s Dept. 53, now designated as Dept. 16D.

Although the notice of motion provides notice of the Court’s tentative ruling system as required by Local Rule 1.06, the notice does not comply with the specific provisions of Local Rule 1.06(D). Moving counsel directed to review the Local Court Rules, effective 7/1/2026.

Plaintiff/Cross-defendant Vaughan’s motion to strike portions of the First Amended Cross-complaint filed by defendant Karma Apartments, LLC is on the Court’s own motion CONTINUED to 9/8/2026 at 1:30 p.m. in this department because moving plaintiff did not file and serve with this demurrer any declaration which satisfies the requirements of Code of Civil Procedure §435.5, which at the time this motion to strike was filed required the moving party to meet-and-confer “in person or by telephone” with the party filing the pleading that is the subject of the motion to strike. (Emphasis added.)

Although the proof of service filed in connection with this motion references a declaration by attorney Wood Declaration, no such declaration pertaining to the motion to strike currently appears in the Court’s Register of Actions. Moreover, as explained in the tentative ruling on plaintiff’s concurrent demurrer to the same pleading, the mere exchange of letters and/or emails with the opposing party/counsel does not satisfy the express statutory requirements of Code of Civil Procedure §430.41 or §435.5. Indeed, the purpose of “in person” or “telephone” meet-and-confer sessions is to maximize the resolution of disputes by fostering an open dialogue that is not constrained by the mere exchange of letters and/or emails.

Moving plaintiff shall pursuant to the provisions of Code of Civil Procedure §435.5 meet and confer “in person, by telephone, or by videoconference” with the party filing the pleading that is the subject of this motion to strike and file and serve no later than 8/18/2026 a declaration in conformity with §435.5. This declaration shall also identify any issues raised by the motion to strike which have been resolved via the meet-andconfer process and no longer need resolution by the Court.

Plaintiff to provide notice of this ruling and file proof of service of same within

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2023-00334089-CU-BC-GDS: Latonia Vaughan vs. Karma Apartments 08/04/2026 Hearing on Motion to Strike First Amended Cross-Complaint in Department 16D

five (5) court days.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)