Alfee Constcs LLC, et al. v. Tucker

26CV000268: ALFI vs TUCKER 07/17/2026 Hearing on Motion to Consolidate in Department 17A

Tentative Ruling

NOTICE:

*** If oral arguments are requested or appearances are required, the hearing may be conducted in person or remotely via ZoomGov, which includes telephonic and teleconferencing options. No Court Call appearances will be permitted. If you choose to use Zoom you must use your first and last name on your ZoomGov account so the court can positively identify you. The Department 17A ZoomLink is https://saccourt-ca-gov.zoomgov.com/j/16173813009 and the ZoomGov ID is: 161 7381 3009. Appearances via videoconference using the above link are preferred. To appear on ZoomGov by phone, call (833) 568-8864 and enter the ZoomGov ID referenced above, available phone commands include *6 to mute/unmute or *9 to raise your hand. If you experience issues joining your hearing, please contact the clerk in Department 17A at (916) 874- 5487 for assistance.

Please take notice that effective April 13, 2026, the Presiding Judge Law & Motion calendar has been moved to Department 17A at the Tani G. Cantil-Sakauye Courthouse, the Honorable Lawrence G. Brown presiding. The new courthouse is located at 500 G Street, Sacramento, CA 95814.

Hon. Lawrence G. Brown Department 17A 916-874-5487 dept17A@saccourt.ca.gov ***

TENTATIVE RULING:

The Notice of Motion fails to provide notice of the Court’s tentative ruling system for the Presiding Judge’s Department. (See Local Rule 1.05(C)-(D).) In pertinent part, Local Rule 1.05 provides that all noticed motions in the Presiding Judge’s Department shall include the following language in the notice:

Pursuant to Local Rule 1.05, the Court will make a tentative ruling on the merits of this matter by 2:00 p.m., two court days before the hearing. The complete text of the tentative ruling may be accessed on the public portal. If the party does not have online access, they may call the dedicated phone number for the department as referenced in the local telephone directory and

26CV000268: ALFI vs TUCKER 07/17/2026 Hearing on Motion to Consolidate in Department 17A

receive the tentative ruling. If you do not call the Court and the opposing party by 12:00 p.m. the court day before the hearing, no hearing will be held.

The moving party is directed to contact opposing parties and advise them of Local Rule 1.05 and the Court’s tentative ruling procedure.

Duane Tucker dba VSS Countertops (“Tucker”) moves the Court for an order consolidating the following cases: Alfee Constcs LLC, et al. v. Tucker (Case No. 26CV000268); Alfee Construction v. Tucker (Small Claims Case No. 26SC001128); and Tucker v. Alfee Constrcs LLC, et al. (Case No. 26CV010242).

The procedural requirements for a motion to consolidate are set forth in California Rules of Court, rule (“CRC”) 3.350. The moving papers must be filed in the lowest numbered case along with a proof of service demonstrating the motion was served on all attorneys of record and all non-represented parties in all cases sought to be consolidated. (CRC 3.350(a)(2).) The notice of motion must be filed in all cases to be consolidated, must contain the caption of those cases, and must identify the parties in each case, those who have appeared, and their respective attorneys of record. (CRC 3.350(a)(1).) The use of the word “must” in this rule indicates these requirements are mandatory. (CRC 1.5(a)(1).)

Here, the Notice of Motion does not meet the requirements of CRC 3.350(a)(1), and the Court's record reflects that the Notice of Motion was not filed in all cases to be consolidated as required by CRC 3.350(a)(1)(C).

Moreover, even if Tucker had complied with CRC 3.350’s mandatory requirements, he has not shown that consolidation would be appropriate. First, Plaintiff filed a Request for Dismissal of the entire action with prejudice in Tucker v. Alfee Constrcs LLC, et al. (Case No. 26CV010242) on June 10, 2026, which was granted. Therefore, that action has effectively concluded, and there is no reason to consolidate it with an active proceeding.

Further, the Court lacks the jurisdiction to consolidate a small claims action with an unlimited civil case under Code of Civil Procedure section 1048. (See Acuna v. Gunderson Chevrolet, Inc. (1993) 19 Cal.App.4th 1467, 1471-1473.) “[T]he only circumstances under which a small claims case may be transferred to another court are set forth in Code of Civil Procedure section 116.390[,]” which prescribes a procedure that takes place in the small claims court. (Id. at p. 1472.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV000268: ALFI vs TUCKER 07/17/2026 Hearing on Motion to Consolidate in Department 17A

For the stated reasons, Tucker’s consolidation motion is DENIED.

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.

*** This case has been assigned to Department 17A for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 17A. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 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 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 forward the form to the Court Reporter’s Office and an official reporter will be provided. ***