GHASSEMINEZHAD vs GORDON G. BONES, ESQ., et al.

25CV013589: GHASSEMINEZHAD vs GORDON G. BONES, ESQ., et al. 12/23/2025 Hearing on Demurrer to First Amended Complaint in Department 54

Tentative Ruling

This matter was set for hearing pursuant to the Court’s December 3, 2025, ex-parte order.

Defendant Gordon G. Bones’ (“Defendant”) demurrer to Plaintiff Noelle Ghasseminezhad’s (“Plaintiff”) first amended complaint is SUSTAINED with leave to amend.

On June 2, 2025, Plaintiff, then in pro per, filed a Judicial Council form complaint asserting a breach of contract cause of action against Defendant, her former attorney. Plaintiff also filed a Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration on the same day.

On July 22, 2025, Plaintiff, still in pro per, filed a first amended Judicial Council form complaint (“FAC”). In paragraph 2 of the FAC, Plaintiff indicated that the pleading, including attachments and exhibits, consisted of 72 pages. In paragraph 7 of the FAC, Plaintiff checked the box for “breach of contract.” Plaintiff, however, failed to include the attachment for the cause of action, and any exhibits thereto.

Defendant filed a motion to quash service of summons, which the Court granted on August 8, 2025. In its ruling, the Court noted that above issue with the FAC and stated “[t]o the extent that the FAC is intended to comprise of more than 2 pages, Plaintiff needs to rectify the Court’s record in this regard, as the FAC on file with the Court only consists of two pages. . . .” (Minute Order, August 8, 2025.)

On August 26, 2025, Plaintiff filed a substitution of counsel, substituting in Brenda Williams as her counsel.

Despite being represented by counsel, on November 11, 2025, Plaintiff, in pro per, filed an unsigned “Declaration and Exhibits for Motion for Breach of Contract.”

A short cause trial is currently scheduled for January 8, 2026.

Defendant demurs to the FAC for failure to state sufficient facts and for uncertainty.

The demurrer is SUSTAINED with leave to amend since the FAC states no facts whatsoever since Plaintiff failed to include the attachment for the purported breach of contract cause of action, and any exhibits thereto. To the extent Plaintiff’s “Declaration and Exhibits for Motion for Breach of Contract” was intended to be the attachments to the FAC, the Declaration and Exhibits are not part of the FAC, and Plaintiff did not include the attachment to breach of contract cause of action or allege any of the elements required for the cause of action.

The Court grants leave to amend since this is Defendant’s first challenge to the complaint.

25CV013589: GHASSEMINEZHAD vs GORDON G. BONES, ESQ., et al. 12/23/2025 Hearing on Demurrer to First Amended Complaint in Department 54

Plaintiff may file and serve a second amended complaint (“SAC”) by no later than January 5, 2026, Response to be filed and served within 30 days thereafter, 35 days if the SAC is served by mail. (Although not required by any statute or rule of court, Plaintiff is requested to attach a copy of the instant minute order to the SAC to facilitate the filing of the pleading.) This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)

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 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 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

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV013589: GHASSEMINEZHAD vs GORDON G. BONES, ESQ., et al. 12/23/2025 Hearing on Demurrer to First Amended Complaint in Department 54

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.