FOSTER vs BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS
Motion for Leave to File Amended Petition for Writ of Administrative Mandamus
Motion type
Parties
Ruling
25WM000016: FOSTER vs BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS 08/27/2026 Hearing on Motion - Other FOR LEAVE TO FILE AMENDED PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS in Department 3A
Tentative Ruling
DATE/TIME: August 27, 2026 2:30 p.m. DEP. NO.: 3A JUDGE: HON. JENNIFER K. CLERK: S. PAUL ROCKWELL
SELASE MENSA FOSTER, Case No.: 25WM000016 Petitioner, v. CALIFORNIA BOARD OF REGISTERED NURSING, Respondent.
Nature of Proceedings: Demurrer
The following shall constitute the Courts tentative ruling on the above matter, set for hearing in Department 3A, on Thursday, August 27, 2026, at 2:30 p.m. The tentative ruling shall become the ruling of the Court, unless a party desiring to be heard so advises the Clerk of Department 3A no later than 4:00 p.m. on the Court day preceding the hearing, and further advises the Clerk that such party has notified the other side of its intention to appear.
The Court strongly encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. However, 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 the hearing by audio and/or video through the following link:
25WM000016: FOSTER vs BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS 08/27/2026 Hearing on Motion - Other FOR LEAVE TO FILE AMENDED PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS in Department 3A
DEPT JUDGE ZOOM LINK MEETING ID
3A Hon. Jennifer K. https://saccourt-ca- 161 5277 4854 Rockwell gov.zoomgov.com/j/16152774854
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 using the list of Court Approved Official Reporters Pro Tempore, available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf
If a Court Reporter from the Courts Approved Official Reporter Pro Tempore list is not used, aStipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) must be signed by each party, the private court reporter, and the Judge prior to the hearing. Once the form is signed, it must be filed with the Clerk of Department 3A.
Pursuant to Government Code Section 69959, Court Reporters are not permitted through the use of remote technology, and any Court Reporter designated for the hearing shall be physically present in the Courtroom.
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 of Department 3A 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 of Department 3A will forward the form to the Court Reporters Office and an official Court Reporter will be provided.
TENTATIVE RULING
Petitioner Selase Mensa Fosters Motion for Leave to File Amended Petition for Writ of Administrative Mandamus is dropped for defective service.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25WM000016: FOSTER vs BOARD OF REGISTERED NURSING DEPARTMENT OF CONSUMER AFFAIRS 08/27/2026 Hearing on Motion - Other FOR LEAVE TO FILE AMENDED PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS in Department 3A
The proof of service filed with the moving papers indicates they were served by express mail on March 16, 2026, on the Board of Registered Nursing at a Sacramento, California, post office box. However, Respondent California Board of Registered Nursing appeared through counsel by filing a Return and Answer to the Petition on February 13, 2025. The caption on this pleading reflects that Respondent is represented in this action by the Attorney General, who indicated a service address in San Diego, California.
Where a party has appeared in an action, service of papers must be upon the attorney instead of the party[.] (Code Civ. Proc., § 1015.) Here, Respondents counsel was not properly served with the instant motion. As no opposition was received, the Court must presume lack of notice.
Petitioner may refile and properly serve the motion.
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