B.B. vs SPARE-TIME, INC., A CALIFORNIA CORPORATION, et al.

23CV004953: B.B. vs SPARE-TIME, INC., A CALIFORNIA CORPORATION, et al. 05/15/2026 Hearing on Motion to Bifurcate in Department 17A

Tentative Ruling

NOTICE:

*** If oral arguments are requested or appearances are required, the hearing may be conducted in person or remotely via ZoomGov [which includes telephonic and teleconferencing options]. No Court Call appearances will be permitted. If you choose to use Zoom you must use your first and last name on your ZoomGov account so the court can positively identify you. The Department 47 ZoomLink is https://saccourt-ca-gov.zoomgov.com/my/sscdept47 and the ZoomGov ID is: 16173813009. Appearances via videoconference using the above link are preferred. To appear on ZoomGov by phone, call (833) 568-8864 and enter the ZoomGov ID referenced above, available phone commands include *6 to mute/unmute or *9 to raise your hand. If you experience issues joining your hearing, please contact the clerk in Department 47 at (916) 874-5487 for assistance. ***

*** The Sacramento Superior Court is transitioning operations from the Gordon D. Schaber and Hall of Justice buildings to the new Tani G. Cantil-Sakauye Courthouse through a phased move plan beginning on April 13, 2026. Visit the court’s website at www.saccourt.ca.gov for the most current and up to date information regarding the transition. The physical and mailing address of the new downtown courthouse is:

Tani G. Cantil-Sakauye Courthouse 500 G Street Sacramento, CA 95814

Please take notice, effective April 13, 2026, the Presiding Judge Law & Motion calendar will be moved from Department 47 at the Gordon D. Schaber Courthouse to Department 17A at the Tani G. Cantil-Sakauye Courthouse, the Honorable Lawrence G. Brown presiding. All hearings currently scheduled or reserved after the effective date shall remain in place and will be heard in Department 17A.

Hon. Lawrence G. Brown Department 17A 916-874-5487 dept17A@saccourt.ca.gov ***

TENTATIVE RULING:

Defendant Spare-Time, Inc.’s motion to bifurcate trial under Code of Civil Procedure (“CCP”)

23CV004953: B.B. vs SPARE-TIME, INC., A CALIFORNIA CORPORATION, et al. 05/15/2026 Hearing on Motion to Bifurcate in Department 17A

sections 598 and 1048, to try its affirmative defense of waiver first is DENIED WITHOUT PREJUDICE to reassertion before the trial judge.

The notice of motion provides inaccurate information regarding the Court’s tentative ruling system. The Court’s tentative ruling system for the Law and Motion calendar in the Presiding Judge’s department is governed by Local Rule 1.05(C)-(D). Moving counsel is directed to contact opposing counsel and/or self-represented litigants and advise them of the correct local rule, the correct tentative ruling procedure, and the manner to request a hearing for motions pending in this department.

In this action, Plaintiff alleges she was sexually abused as a minor by her tennis coach who was employed by Defendant. Plaintiff’s complaint contains two negligence-based causes of action against Defendant: negligence and premises liability. Defendant argues that bifurcating the issue of whether written waivers in Defendant’s membership agreement and the Junior Tennis Academy registration eliminate any claims by Plaintiff will promote the efficient handling of the litigation and better serve the ends of justice. Plaintiff opposes the motion.

The Court finds the trial judge will be in the best position to evaluate whether bifurcation will promote judicial economy. Pursuant to CCP section 598, the trial judge may hear a renewed motion at a pre-trial conference or can make this determination on the Court’s own motion at any time.

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.)

*** This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 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-

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV004953: B.B. vs SPARE-TIME, INC., A CALIFORNIA CORPORATION, et al. 05/15/2026 Hearing on Motion to Bifurcate in Department 17A

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 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 forward the form to the Court Reporter’s Office and an official reporter will be provided. ***