Motion for Leave To File Third Amended Complaint
24CV005025: BOE vs DEACON CORP. 06/02/2026 Hearing on Motion for Leave To File Third Amended 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.
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.
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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
24CV005025: BOE vs DEACON CORP. 06/02/2026 Hearing on Motion for Leave To File Third Amended Complaint in Department 16D
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 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:
Plaintiff's (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 Defendants 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 Defendants counsel prior to the hearing, moving counsel is ordered to appear at the hearing.
Plaintiff in pro per Jon (Alias) Boes (Plaintiff) motion for leave to file a third amended complaint is DROPPED for failure to comply with the Order the Court issued on April 30, 2025.
In that order, the Court denied Plaintiffs request to file a third amended complaint. (See Minute Order, dated 04/30/2025, at p. 3; Declaration of Kymberli Aguliar (Aguliar Decl.), Ex. A.) The Court specifically stated that its ruling is without prejudice to plaintiff meeting-andconferring prior to filing, if necessary, a code-compliant motion for leave to amend the complaint. (Order, at p. 3; Aguliar Decl., Ex. A, p. 3.) Plaintiffs moving papers do not include any declarations showing that he attempted to meet and confer with Defendant Deacon Corp. (Defendant) prior to filing the instant motion. It thus appears that Plaintiff has not complied with the Courts order to meet and confer prior to filing his motion for leave to file a third amended complaint. Therefore, the matter is DROPPED.
Finally, the Court notes that Plaintiffs motion fails to comply with the requirements of California Rules of Court, rule 3.1324(a) or (b). Pursuant to these rules, a motion to amend a pleading before trial must:
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV005025: BOE vs DEACON CORP. 06/02/2026 Hearing on Motion for Leave To File Third Amended Complaint in Department 16D
(1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments;
(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and
(3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.
The motion must also include a separate declaration that must specify:
(1) The effect of the amendment;
(2) Why the amendment is necessary and proper;
(3) When the facts giving rise to the amended allegations were discovered; and
(4) The reasons why the request for amendment was not made earlier.
Accordingly, the matter is DROPPED.
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.)