Demurrer to First Amended Complaint
26CV002380: BELL, ESQ. vs CSAA INSURANCE EXCHANGE, et al. 05/26/2026 Hearing on Demurrer to First Amended Complaint 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 Law and Motion Oral Argument Request Line at (916) 874-2615 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-ca-gov.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 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.
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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.
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
26CV002380: BELL, ESQ. vs CSAA INSURANCE EXCHANGE, et al. 05/26/2026 Hearing on Demurrer to First Amended Complaint in Department 16D
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.
TENTATIVE RULING:
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D 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. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
*** The Court finds in its file no proof of service demonstrating demurring defendants service of the Notice of Disclosure issued on 3/10/2026, despite being directed to serve all other parties with the Notice of Disclosure forthwith. Demurring defendant is directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***
Defendant CSAA Insurance Exchanges (CSAA) demurrer to the First Amended Complaint (1AC) is ruled upon as follows.
Plaintiff filed the original complaint on 2/2/2026 and on 3/9/2026, defendant CSAA filed a demurrer to that original complaint on 3/9/2026. In response to that original demurrer, plaintiff filed the 1AC and defendant CSAA subsequently filed and served the present demurrer to the 1AC on 4/2/2026, noticing it for hearing on 5/26/2026.
The Court finds that plaintiff did not file any opposition or other written objection to the present demurrer, which is construed as a concession on the merits of this demurrer. (See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.) Therefore, this demurrer shall be SUSTAINED as unopposed.
However, as this is the first challenge to the complaint, leave to amend is granted. Plaintiff may file and serve a second amended complaint no later than 6/9/2026. Although not required by Court rule or statute, plaintiff is directed to present a copy of this order when the amended complaint is presented for filing.
Defendant CSAA to respond within 30 days if the amended complaint is personally
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV002380: BELL, ESQ. vs CSAA INSURANCE EXCHANGE, et al. 05/26/2026 Hearing on Demurrer to First Amended Complaint in Department 16D
served, 35 days if served by mail.
To the extent defendant CSAA may take issue with the sufficiency of any future amended complaint, defendant CSAA is reminded that Code of Civil Procedure §430.41(a) expressly provides that the requisite meet-and-confer efforts be conducted in person, by telephone or by video conference (bold added for emphasis) and also expressly requires a new round of meet-and-confer efforts by such means prior to the filing of each successive demurrer.
Likewise, plaintiff is reminded that the meet-and-confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet-andconfer efforts conducted in person, by telephone or by video conference even if s/he disagrees with the challenge to the pleading.
Demurring defendant to provide notice of this ruling and file proof of service of same within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)