Demurrer to Plaintiff’s Complaint
25CV015583: VELOCITY INVESTMENTS LLC vs STOIAN 06/02/2026 Hearing on Demurrer to Plaintiff's Complaint 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.
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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
25CV015583: VELOCITY INVESTMENTS LLC vs STOIAN 06/02/2026 Hearing on Demurrer to Plaintiff's Complaint 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. MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE.*****
TENTATIVE RULING:
Moving partys notice of motion does not provide full notice of the Courts tentative ruling system, as required by Local Rule 1.06. Moving party is directed to contact Plaintiffs counsel and advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing. If moving party is unable to contact Plaintiffs counsel prior to hearing, moving party is ordered to appear at the hearing.
Defendants motion does not comply with California Rules of Court, rule 2.108 regarding the spacing and numbering of lines.
Defendant in pro per Ruben Stoians (Defendant) demurrer to Plaintiff Velocity Investment, Inc.s (Plaintiff) Complaint is UNOPPOSED and SUSTAINED with leave to amend.
This is a debt collection action. Plaintiff alleges a single cause of action for breach of contract. Defendant demurs to the Complaint on the grounds that it is uncertain because it alleges that Defendant accepted the contract by using the Account to make purchases, obtain cash advances, or balance transfers, which are terms applicable to revolving credit accounts (e.g., credit cards) and are factually inconsistent with the fixedterm loan agreement attached as Exhibit A. (Demurrer at p. 2.) Defendant also demurs on the ground[1] that the Complaint fails to state facts sufficient to constitute a cause of action for attorneys fees.
Plaintiff did not file an opposition. The Court construes Plaintiffs failure to oppose the demurrer as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV015583: VELOCITY INVESTMENTS LLC vs STOIAN 06/02/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 16D
Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion it is assumed that [nonmoving party] concedes that ground].)
Although the motion is unopposed and Plaintiff has not requested leave to amend, the Court will grant leave to amend since this is the first challenge to Plaintiffs Complaint.
Plaintiff may file and serve an amended complaint by no later than June 12, 2026. Although not required by Court rule or statute, Plaintiff is directed to present a copy of this order when the amended complaint is presented for filing. Defendant to respond within 30 days if the amended complaint is personally served, 35 days if served by mail.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)
[1] The Court notes that this ground of the motion appears to be more properly
characterized as a motion to strike.