SECOND CHANCE ORGANIZATION LLC vs FORECLOSURE EXPERTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, et al.
Motion for Summary Judgment
Motion type
Causes of action
Monetary amounts referenced
Parties
Ruling
26CV003582: SECOND CHANCE ORGANIZATION LLC vs FORECLOSURE EXPERTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, et al. 09/10/2026 Hearing on Motion for Summary Judgment 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-cagov.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-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 hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
26CV003582: SECOND CHANCE ORGANIZATION LLC vs FORECLOSURE EXPERTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, et al. 09/10/2026 Hearing on Motion for Summary Judgment in Department 16D
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 Reporters 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 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ***
TENTATIVE RULING: Plaintiff Second Chance Organization, LLCs motion for summary judgment is dropped.
As this Court has informed Plaintiff on two separate occasions, specifically in the Courts June 22, 2026, and August 13, 2026, minute orders, the Courts public website states that [t]he Unlawful Detainer Division handles eviction cases requesting damages up to $35,000 and must be filed at the Carol Miller Justice Center. (See Sacramento Superior Court website at www.saccourt.ca.gov/divisions/unlawful-detainer-landlordtenant [emphasis added].) The Courts most recent August 13, 2026, order stated that [t]o the extent Plaintiff has violated the Courts directive to file in the Unlawful Detainer Division unlawful detainer actions seeking damages up to $35,000, Plaintiff shall seek relief from the Presiding Judge pertaining to reassignment of this action to the Unlawful Detainer Division. (8/13/2026 Minute Order [emphasis added].)
However, according to the Register of Actions, Plaintiff took no action to have this matter reassigned to the Unlawful Detainer Division.
As previously noted by the Court, according to Plaintiffs Verified Complaint for Unlawful Detainer, there is no allegation or request for damages beyond $35,000. Furthermore, upon the Courts review of the present motion, Plaintiffs proposed order on the motion for summary judgment which was submitted on August 5, 2026, now reveals that Plaintiffs claimed damages through October 29, 2026, a date approximately a month and a half from now, will total $31,243.17. Thus, Plaintiff effectively concedes that it violated the Courts directive in that at the time of filing this case on February 13, 2026, the damages sought by the complaint did not exceed $35,000. It is clear that this case should have been filed in the Unlawful Detainer Division.
Therefore, the hearing on the motion for summary judgment is dropped without prejudice. Given that Plaintiff has apparently intentionally maintained this action in the
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV003582: SECOND CHANCE ORGANIZATION LLC vs FORECLOSURE EXPERTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, et al. 09/10/2026 Hearing on Motion for Summary Judgment in Department 16D
wrong courthouse and wrong department at all times knowing the amount of damages it sought and after being advised twice of the issue, this Court will not address future hearings calendared in Department 16D. Plaintiff may seek relief from the Presiding Judge pertaining to reassignment of the action to the Unlawful Detainer Division as previously stated by the Court. In the alternative, Plaintiff may simply dismiss the action without prejudice and refile the action in the Unlawful Detainer Division.
This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.
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