Demurrer to Plaintiff’s Complaint
26CV009291: COATES vs THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, et al. 07/08/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 8D
Tentative Ruling
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26CV009291: COATES vs THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, et al. 07/08/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 8D
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. ALL MOTIONS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D 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 OR GORDON D. SCHABER COURTHOUSE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION.****
TENTATIVE RULING
Defendant Board of Trustees of the California State Universitys (Defendant) demurrer to plaintiff Deitore Coates (Plaintiff) Complaint is UNOPPOSED and SUSTAINED.
This is an action for alleged violation of the Fair Credit Reporting Act (FCRA). As alleged in his Complaint, Plaintiff previously attended California State University, Sacramento (CSUS) and borrowed a Perkins Loan (the Loan) in connection with his educational expenses. (Compl., ¶ 7.) Plaintiff received notice that CSUS subsequently transferred the Loan to the firm Williams & Fudge for servicing and collection. (Id. at ¶¶ 8-9.) Plaintiff alleges that, even after CSUS transferred the Loan account, CSUS continued to furnish inaccurate, incomplete, inconsistent, and misleading credit information regarding the account to credit reporting agencies. (Id. at ¶¶ 10-11.)
After disputing the reporting with the credit reporting agency Experian and notifying CSUS thereof, Plaintiff alleges CSUS failed to conduct a reasonable investigation and failed to correct, modify, or delete the alleged incorrect credit information. (Id. at ¶¶ 13-16.)
Plaintiff alleges three causes of action against Defendant: (1) violation of the FCRA; (2) negligent noncompliance with the FCRA; and (3) willful noncompliance with the FCRA.
Defendant demurs to all causes of action on the grounds that Plaintiffs claims under the FCRA are barred by sovereign immunity, that Plaintiff has failed to allege that Defendant furnished inaccurate information, that Plaintiff has failed to allege facts showing actual damages, and that Plaintiff has failed to allege facts showing willful violation of the FCRA.
The Courts register of actions shows that Plaintiff has not filed an opposition. However, on July 2, 2026, Defendant filed a reply to Plaintiffs untimely opposition, which was still not reflected
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV009291: COATES vs THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, et al. 07/08/2026 Hearing on Demurrer to Plaintiff's Complaint in Department 8D
on the Courts electronic docket.
The demurrer is SUSTAINED with leave to amend. The Court construes Plaintiffs failure to oppose the demurrer as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior 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].)
Leave to amend is granted as the Court is not yet convinced Plaintiff will be unable to allege facts sufficient to support his claims. Plaintiff may file and serve an amended complaint no later than July 22, 2026. Although not required by statute or court rule, Plaintiff is directed to present the clerk a copy of this ruling at the time of filing the First Amended Complaint. Defendant may file and serve a response within 30 days of service of the First Amended Complaint, 35 days if served by mail.
This minute order is effective immediately. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)
Defendant shall serve a copy of this Order on Plaintiff within five (5) days and file proof of service with the Court.