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

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.