Williams Chapel Baptist Church v. O.J. Jones & Sons, Inc., et al.

24CV097179: BAPTIST vs INC., et al. 06/02/2026 Hearing on Motion for Reconsideration filed by Williams Chapel Baptist, Church (Plaintiff) CRS# 603136435117 in Department 22

Tentative Ruling - 06/01/2026 Han N. Tran

The Motion for Reconsideration filed by Williams Chapel Baptist, Church on 04/29/2026 is Denied.

BACKGROUND This action arises from alleged damages to Plaintiff Williams Chapel Baptist Church (“Plaintiff”) caused by Defendants O.J. Jones & Sons, Inc. (“O.C. Jones” or “Defendant”) and FBD Vanguard Construction (“FBD”)’s construction efforts updating a bus stop at 10th Avenue and International Boulevard in Oakland, California under contract with AC Transit.

The procedural history leading up to this motion, as described in other orders, is as follows: O.C. Jones served written discovery on Plaintiff on June 3, 2025, never received responses, and moved to compel on September 22, 2025. In opposition to that motion, Plaintiff’s then-counsel, Christine Chingbu, filed a October 23, 2025 declaration stating that she was dealing with ongoing medical treatment for a chronic health condition requiring adjustments of medication and affecting her ability to carry a full workload and also handling family obligations that consumed much of her time.

Ms. Chingbu represented to the court that Plaintiff would serve responses to the outstanding discovery “without delay.” The court granted a continuance on the motion to compel in part due to this representation. Plaintiff then failed to do so, resulting in the motion being granted. On December 15, 2025, O.C. Jones then moved for terminating, or alternatively, evidentiary or issue sanctions against Plaintiff based on Plaintiff’s failure to provide any responses. In addition to failing to file any opposition to O.C.

Jones’ motion for terminating sanctions, Plaintiff’s counsel failed to appear at the January 20, 2026 hearing on the motion, at which time the Court continued the hearing to January 27, 2026 (over O.C. Jones’ objections) to allow Plaintiff another opportunity to appear. Plaintiff’s counsel again failed to appear at the January 27, 2026 continued hearing on the motion, and the Court thereupon imposed issue sanctions but reserved on imposing terminating sanctions at that time to allow Plaintiff yet another opportunity to appear.

Instead, the Court scheduled an Order to Show Cause for February 10, 2026 on O.C. Jones’ request for terminating sanctions. Plaintiff failed to file any response to the Cause the Order to Show Cause, and Plaintiff’s counsel again failed to appear at the February 10, 2026 hearing on the Order to Show Cause. As such, the Court granted terminating sanctions on that date and dismissed OC Jones from Plaintiff’s operative complaint. On March 3, 2026, a Notice of Appearance was filed by Kenneth Chike Odiwe, who represents that he is taking over representation of Plaintiff from Ms.

Chingbu. Plaintiff then filed a motion to set aside the dismissal of OC Jones on March 19, 2026. The motion was denied on April 25. Plaintiff subsequently filed this motion for reconsideration on April 29, 2026.

LEGAL STANDARD 24CV097179: BAPTIST vs INC., et al. 06/02/2026 Hearing on Motion for Reconsideration filed by Williams Chapel Baptist, Church (Plaintiff) CRS# 603136435117 in Department 22 Code of Civil Procedure section 1008 permits a party whose application for an order has been refused in whole or in part to make an application to reconsider the matter and modify, amend, or revoke the prior order. “The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc. § 1008, subd. (a).) The court has the inherent power “to reconsider its prior interim orders so that it may correct its own errors.” (Le Francois v. Goel (2005) 35 Cal.4th 1094, 1107.) DISCUSSION

Plaintiff’s motion is denied. For reconsideration to be warranted, Code of Civil Procedure section 1008 requires that there be a “new or different facts, circumstances, or law.” Plaintiff’s motion is unable to identify any.

Plaintiff’s motion is predicated on the declarations of former counsel Christine Chingbu and Reverand Kenneth Anderson, wherein Ms. Chingbu sheds further light on the health struggles that she claims made her unable to communicate with her client, opposing counsel, or the court and Mr. Anderson testifies as to his efforts to participate in this action and his reliance on Ms. Chingbu.

While the court has sympathy for Ms. Chingbu’s struggles, none of the testimony within the declarations sheds light on new facts, circumstances, or law warranting reconsideration of the court’s past orders. The court advised Plaintiff and its counsel, both Ms. Chingbu and Mr. Odiwe on more than one occasion that a more fulsome explanation of counsel’s failures to respond to discovery, make required appearances in court, and otherwise prosecute this case was required for the court to reconsider its order dismissing Defendant O.C.

Jones. Nevertheless, Plaintiff and its counsel did not make such a showing until bringing this motion. While these declarations shed further light on the facts surrounding Ms. Chingbu’s health and failures to prosecute this case, they do not present new facts warranting reconsideration under CCP §1008. For this reason, Plaintiff’s motion for reconsideration is DENIED.

HOW DO I CONTEST A TENTATIVE RULING? THROUGH eCOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select “Search” 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select “Click to Contest this Ruling” 7. Enter your Name and Reason for Contesting 8. Select “Proceed”

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

24CV097179: BAPTIST vs INC., et al. 06/02/2026 Hearing on Motion for Reconsideration filed by Williams Chapel Baptist, Church (Plaintiff) CRS# 603136435117 in Department 22 BY EMAIL Send an email to the DEPARTMENT CLERK (dept22@alameda.courts.ca.gov) and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely. Notice via BOTH eCourt AND email is required. The tentative ruling will become the ruling of the court if no party contests the tentative ruling.