Zuri K. Colbert vs. Michelle Callilos (Head of DHHS/CPS County of Sacramento)

34-2021-00301184-CU-CR-GDS: Zuri K. Colbert vs. Michelle Callilos (Head of DHHS/CPS County of Sacramento) 11/03/2025 Hearing on Motion to Strike the Demurrer to the Plaintiffs Third Amended Complaint in Department 54

Tentative Ruling

NOTICE: PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich presiding. Any party who wishes to contest the tentative ruling below must: (1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874- 2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail 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 they have notified the opposing party of their intention to appear; and (2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court. If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.

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/my/sscdept28 SIP Address: 16039062174@sip.zoomgov.com (833) 568-8864 ID: 16039062174 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

34-2021-00301184-CU-CR-GDS: Zuri K. Colbert vs. Michelle Callilos (Head of DHHS/CPS County of Sacramento) 11/03/2025 Hearing on Motion to Strike the Demurrer to the Plaintiffs Third Amended Complaint in Department 54

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 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 be forward the form to the Court Reporter’s Office and an official reporter will be provided.

Tentative Ruling:

Plaintiffs Zuri K. Colbert’s and Nafisah Timmons’ (“Plaintiffs”) motion to to strike Defendants’ demurrer to Plaintiffs’ third amended complaint is DENIED.

California Code of Civil Procedure section 435 provides: “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof.” (Code Civ. Proc. § 435(a)(2).)

“A party who has filed a complaint or cross-complaint may, within 10 days after service of the answer to his pleading, demur to the answer.” (Code Civ. Proc. § 430.40(b); see also Cal. Rule of Court Rule 3.1322(b) [“A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.”].)

Here, Defendants filed their demurrer to the third amended complaint on June 27, 2025. Plaintiffs filed the instant motion to strike on October 10, 2025. Thus, Plaintiffs’ instant motion is untimely and must be denied.

Moreover, Plaintiffs have not shown that the demurrer was brought in bad faith.

Plaintiffs’ motion to strike is DENIED.

Defendants’ request for sanctions is DENIED. While Plaintiffs’ motion is frivolous, Defendants have failed to meet the requirements necessary for sanctions against Plaintiff pursuant to Code

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2021-00301184-CU-CR-GDS: Zuri K. Colbert vs. Michelle Callilos (Head of DHHS/CPS County of Sacramento) 11/03/2025 Hearing on Motion to Strike the Demurrer to the Plaintiffs Third Amended Complaint in Department 54

of Civil Procedure section 128.5(f)(1)(A)-(B), and further failed to support their request with a declaration as to the reasonable expenses incurred by Defendants.

The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.