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25CV010674·sacramento·Civil·Demurrer to Cross-Complaint
Hearing about 1 month agoCONTINUED

BROOKER vs BROVKO, et al.

Demurrer to Cross-Complaint

Hearing date
Aug 4, 2026
Department
16C
Judge
Prevailing
N/A
Next hearing
Sep 10, 2026

Motion type

Browse all Demurrer rulings statewide →

Parties

PlaintiffKaren Brooker
Cross-DefendantKaren Brooker
DefendantMaryna Brovko
DefendantPavlo Brovko

Ruling

25CV010674: BROOKER vs BROVKO, et al. 08/04/2026 Hearing on Demurrer to Cross-Complaint in Department 16C

Tentative Ruling

In pro per Plaintiff and Cross-Defendant Karen Brooker’s (“Brooker”) demurrer to Cross- Complainants Maryna Brovko and Pavlo Brovko’s cross-complaint is CONTINUED to September 10, 2026 at 9:00 a.m. in this department because Brooker did not file and serve a declaration that satisfies the requirements of Code of Civil Procedure section 430.41.

Code of Civil Procedure section 430.41 subdivision (a) provides, in relevant part:

(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.

(Emphasis added.) Subdivision (a)(3) of Section 430.41 further requires that the demurring party shall file and serve with the demurrer a declaration stating either that the parties have meet and conferred without reaching an agreement resolving the objections raised in the demurrer or that the party subject to the demurrer failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith.

Here, Brooker avers that on September 4, 2025, she sent a detailed meet and confer letter to Defendants’ counsel. (Declaration of Karen Brooker, ¶ 3.) On September 8 and 9, 2025, Brooker exchanged further meet and confer emails with Defendants’ counsel. (Id., ¶¶ 4-5.) Brooker’s declaration shows that the parties did not meet and confer in person or by telephone as required by statute.

Thus, pursuant to the provisions of Code of Civil Procedure section 430.41, subdivision (a), Brooker shall meet and confer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer and file and serve no later than August 25, 2026 a declaration in conformity with section 430.41, subdivision (a)(3). This declaration shall also identify any issues raised by the demurrer which have been resolved via the meet-and-confer process and no longer need resolution by the Court.

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.)

25CV010674: BROOKER vs BROVKO, et al. 08/04/2026 Hearing on Demurrer to Cross-Complaint in Department 16C

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 16C Oral Argument Request Line at (916) 874-1475 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 16C Zoom Link is https://saccourt-cagov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014. 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-servicestranscripts. 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

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV010674: BROOKER vs BROVKO, et al. 08/04/2026 Hearing on Demurrer to Cross-Complaint in Department 16C

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 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 54 WILL BE HEARD IN DEPARTMENT 16C OF THE NEW COURTHOUSE. ***

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