Demurrer to Complaint
25CV016152: RESHKIN vs GIBADULLIN 06/01/2026 Hearing on Demurrer to Complaint in Department 8D
Tentative Ruling
NOTICE: PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 8D, located at 500 G Street, Sacramento, CA, the Hon. Julie G. Yap presiding. Should argument be requested by either party, the requesting party 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, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
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.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. 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/16113421868 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 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 Courts Approved Official Reporter Pro Tempore list.
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25CV016152: RESHKIN vs GIBADULLIN 06/01/2026 Hearing on Demurrer to Complaint in Department 8D
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 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 25 WILL BE HEARD IN DEPARTMENT 8D 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****
TENTATIVE RULING
Defendants Notice of Motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06(D). Defendant counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure. If Defendant counsel is unable to contact opposing counsel prior to the hearing, Defendant counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to todays tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).
Defendant Ilgiz Gibadullins (Defendant) Demurrer to Plaintiff Aleksandr Reshkins (Plaintiff) Complaint is ruled upon as follows.
This matter arises out of a business transaction by which Plaintiff Aleksandr Reshkin (Plaintiff) loaned Defendant the principal sum of $17,000 with an interest rate of 120% per annum and a total repayment amount of $27,200 due by April 1, 2025. (Compl., ¶ 5.) The parties executed a promissory note memorializing these terms. (Ibid.) Following Defendants initial default, the parties came to an agreement in writing to extend the due date to July 1, 2025, with a total amount due of $29,000. (Compl., ¶ 6.) Plaintiff alleges that Defendant has failed to make any payment toward the debt, and, as of July 2, 2025, is in default. (Compl., ¶ 7, 8.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV016152: RESHKIN vs GIBADULLIN 06/01/2026 Hearing on Demurrer to Complaint in Department 8D
Defendant demurs to Plaintiffs complaint on the grounds that it fails to state sufficient facts to constitute a cause of action and is uncertain. Defendant argues that the complaint alleged inconsistent contract terms.
Plaintiff has filed an opposition which states that the demurrer is overbroad and that the complaint is not facially uncertain. Plaintiff does not respond to Defendants argument of internal inconsistencies within the complaint.
The Court construes Plaintiffs failure to oppose each ground for demurrer to be a concession on the merits of said ground for demurrer. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
Therefore, Defendants demurrer is SUSTAINED, with leave to amend.
Plaintiff may file and serve an amended complaint no later than June 11, 2026. Although not required by statute or court rule, Plaintiff is directed to present the clerk a copy of this ruling at the time of filing the First Amended Complaint. Defendant may file and serve a response within 30 days of service of the First Amended Complaint, 35 days if served by mail.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.