Default Prove Up Hearing
25CV000714: LINDSAY vs BATTLE 05/28/2026 Default Prove Up Hearing 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
25CV000714: LINDSAY vs BATTLE 05/28/2026 Default Prove Up Hearing 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.
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. 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. ***
TENTATIVE RULING: Appearance required. (in person or by ZOOM)
In this action, Laura Lindsay, seeks to quiet title to three parcels of real property located in Contra Costa County and Sacramento County. Plaintiffs complaint alleges that Defendant Maurice Battle, her son, caused her to sign quitclaim deeds transferring the properties from Plaintiffs Trust to Plaintiff, the Trust and Defendant as joint owners. During the time Plaintiff alleges that she was deathly ill and has no recollection of signing the deeds. After discovering what Defendant had done, Plaintiff asked Defendant to sign transfer deeds transferring title back to the Trust. Defendant ultimately signed the deeds after being persuaded to do so by a police officer. Plaintiff attempted to record the deeds but Defendants signature was not notarized. Defendant was later arrested and is no longer willing to sign or notarize the documents.
Defendants default was entered on May 16, 2025.
Default judgments may not be entered in Quiet Title cases. The court shall examine into and determine the plaintiffs title against the claims of all the defendants. (CCP § 764.010). The court shall not enter judgment by default but shall in all cases require evidence of plaintiffs title and hear such evidence as may be offered respecting the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint. (Id.)
As set forth above, the Court is required to hold an evidentiary hearing. Plaintiff should be prepared to appear at the hearing in person or over Zoom to provide testimony and/or other evidence in support of her claim of title. To the extent Plaintiff intends to rely on previously filed evidence (including documents), it shall be prepared to submit
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV000714: LINDSAY vs BATTLE 05/28/2026 Default Prove Up Hearing in Department 16D
such materials for admission into evidence. Plaintiff should also present a proposed judgment.
The Court notes that Plaintiffs complaint contains a cause of action for financial elder abuse and also seeks damages. However, it appears at this time that Plaintiff is only seeking a judgment quieting title and for declaratory relief regarding the subject properties. If Plaintiff intends to dismiss such remaining cause of action in favor of obtaining a final judgment on the other pending claims, it shall be prepared to do so.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.