Motion for Leave to Amend Complaint
24CV025212: MILLER vs HIDALGO, et al. 02/05/2026 Hearing on Motion for Leave to Amend Complaint in Department 53
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 53 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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
24CV025212: MILLER vs HIDALGO, et al. 02/05/2026 Hearing on Motion for Leave to Amend Complaint in Department 53
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:
*** The Court finds in its file no proof of service demonstrating moving plaintiffs service of the Notice of Disclosure issued on 9/18/2025, despite being directed to serve all other parties with the Notice of Disclosure forthwith. Moving plaintiffs are is directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***
Both the original moving papers filed on 9/17/2025 and the amended moving papers filed on 10/22/2025, as well as the Notice of Non-opposition filed on 1/26/2026, incorrectly indicate this motion is set to be heard in Dept. 54, when in fact this action has since its inception been assigned to Dept. 53 for purposes of all law & motion matters.
Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4).
The proofs of service attached to the original moving papers filed on 9/17/2025 and the amended moving papers filed on 10/22/2025 fail to list the exact title of each document being served. (See, e.g., Code Civ. Proc. §1013a.)
Plaintiffs motion for leave to file a first amended complaint is UNOPPOSED and is GRANTED, as follows.
The Court finds no opposition or other written objection to the present motion, which is construed as a concession on the merits of this motion to amend. (See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
Plaintiffs shall separately file and serve the proposed First Amended Complaint in the same form which was attached to the moving papers no later than 2/17/2026. (Although not required by court rule or statute, plaintiffs are directed to present a copy of this order when the amended complaint is presented for filing.)
Moving parties 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.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV025212: MILLER vs HIDALGO, et al. 02/05/2026 Hearing on Motion for Leave to Amend Complaint in Department 53