IN THE MATTER OF: JEFFREY MACOMBER

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

TENTATIVE RULING

***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION****

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV011782: IN THE MATTER OF: JEFFREY MACOMBER 07/08/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8C

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06(D). Moving counsel is directed to contact Respondent forthwith to advise of Local Rule 1.06, the Court’s tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Respondent prior to the hearing, moving counsel shall be available at the hearing, in person or remotely, in the event Respondent appears without following the procedures set forth in Local Rule 1.06(B).

TENTATIVE RULING:

Petitioner Jeffrey Macomber (“Petitioner”) filed his petition for an order to show cause (“OSC”) why lien or encumbrance should not be stricken and released on May 7, 2026. The Court set this OSC after ex parte application on June 2, 2026.

This petition arises from a UCC Financing Statement No. U250106730217, filed with the California Secretary of State by Respondent Lonnie Glenn Schmidt (“Respondent”) on January 28, 2025. This Financing Statement claims a lien on “All of Debtor’s property,” referencing Security Agreement No. LGS-9589071052701006772134-JM-CDCR effective December 31, 2024. (Pet., Exh. A.)

Petitioner is the Secretary of the California Department of Corrections and Rehabilitation. (Macomber Decl., ¶ 1.) Petitioner declares that the UCC Financing Statement is false and that “[t]here is, in fact, no security agreement, commercial transaction, contractual or other relationship that would give the respondent a security interest or lien against my assets or property.” (Id., ¶ 2.)

Petitioner’s unopposed request for judicial notice is granted. (Evid. Code, § 452, subd. (c).) The Court takes judicial notice only of the “official acts” of the Secretary of State: that a lien search for Petitioner’s name returned only UCC Financing Statement No. U250106730217 and that the Secretary of State accepted and maintains this record in its files. (See Stevens v. Super. Ct. (1999) 75 Cal.App.4th 594, 607–608.) The Court does not accept the truth of the contents of the lien record itself. (Ibid.)

Code of Civil Procedure section 765.010 provides, in relevant part:

(b) A person shall not file or record, or direct another to file or record, a

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV011782: IN THE MATTER OF: JEFFREY MACOMBER 07/08/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8C

lawsuit, lien, or other encumbrance, including a notice of lis pendens, against another person or entity knowing it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging his or her official duties if the person is a public officer or employee.

(c)(1) A person or entity whose property is subject to a lien or encumbrance in violation of this section may petition the superior court of the county in which the person or entity resides or in which the property is located for an order, which may be granted ex parte, directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief provided by this article should not be granted.

(2) The court shall schedule the hearing no earlier than 14 days after the date of the order. The scheduled date of the hearing shall allow adequate time for notice of the hearing.

(Code Civ. Proc., § 765.010, subds. (b)–(c).) If the court determines the lien or encumbrance violates Section 765.010, subdivision (b), the court must issue an order striking and releasing the lien. (Id., § 765.030.) Furthermore, the court may award attorney’s fees and must award a civil penalty of up to $5,000. (Id., §§ 765.030, 765.040.)

Respondent did not file a response to the OSC and has thus failed to show cause why the lien or other encumbrance on the property of the public officer described in the Petition should not be stricken. The Court construes Respondent’s failure to oppose as a concession on the merits. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn.4.)

Accordingly, the Court GRANTS the petition and orders UCC Financing Statement No. U250106730217, on January 28, 2025, to be struck and released. Petitioner shall prepare an order for the Court’s review and signature directing the California Secretary of State to expunge and remove the lien from its index.

Petitioner’s request that a $5,000 penalty be awarded against Respondent is GRANTED.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV011782: IN THE MATTER OF: JEFFREY MACOMBER 07/08/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8C

Petitioner’s request for attorney’s fees and costs is DENIED, without prejudice. A party seeking costs must file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment. (Cal. Rules of Court, rule 3.1700.) A prevailing party seeking a reasonable award of statutory or contractual attorney's fees must do so by noticed motion after judgment is entered and within the time permitted for an appeal of the judgment. (Cal. Rules of Court, rule 3.1702.)

Petitioner shall prepare a formal order for the Court’s signature pursuant to California Rules of Court, Rule 3.1312.

This minute order is effective immediately.