LOEFFLER REALTY & DEVELOPMENT INC. A LEGAL CALIFORNIA CORPORATION, et al. vs DABIS

26CV001213: LOEFFLER REALTY & DEVELOPMENT INC. A LEGAL CALIFORNIA CORPORATION, et al. vs DABIS 09/09/2026 Order to Show Cause Re: Preliminary Injunction in Department 8C

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 8C in the Tani G. Cantil-Sakauye Courthouse at 500 G 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 for Department 8C at (916) 874-8380, 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/j/16039062174

SIP Address:

16039062174@sip.zoomgov.com

(833) 568-8864

26CV001213: LOEFFLER REALTY & DEVELOPMENT INC. A LEGAL CALIFORNIA CORPORATION, et al. vs DABIS 09/09/2026 Order to Show Cause Re: Preliminary Injunction in Department 8C

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 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

***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION***

The hearing on the order to show cause (“OSC”) re: preliminary injunction is DROPPED for defective service.

On August 10, 2026, the Court granted Plaintiffs Loeffler Realty & Development Inc. and Matthew Loeffler’s (collectively, “Plaintiffs”) ex parte application for a temporary restraining order (“TRO”) against Defendant in pro per Bobbie Dabis (“Defendant”) and issued an OSC as

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV001213: LOEFFLER REALTY & DEVELOPMENT INC. A LEGAL CALIFORNIA CORPORATION, et al. vs DABIS 09/09/2026 Order to Show Cause Re: Preliminary Injunction in Department 8C

to why a preliminary injunction should not issue. The Court directed Plaintiffs to serve the TRO/OSC and notice of the OSC hearing on Defendant, counsel for the trustee’s representative, and any identified beneficiary or servicer “by personal service no later than August 11, 2026.” (TRO/OSC, ¶ 7.) Plaintiffs’ proof of service states that the TRO/OSC was served via mail on August 14, 2026. Further, no beneficiary or servicer is listed on the proof of service. Thus, service was not made in the manner required by the TRO/OSC.

Additionally, rule 3.1150(a) of the California Rules of Court states:

A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC). An OSC must be used when a temporary restraining order (TRO) is sought, or if the party against whom the preliminary injunction is sought has not appeared in the action. If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.

(Cal. Rules of Court, rule 3.1150(a), emphasis added.)

Neither Defendant nor the trustee have appeared in this action, so the OSC must be served in the same manner as a summons and complaint.

The TRO issued on August 10, 2026 is DISSOLVED.

Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)