JEFFERSON vs LAW OFFICES OF FRANK D PENNY A PROFESSIONAL CORPORATION, et al.

24CV020517: JEFFERSON vs LAW OFFICES OF FRANK D PENNY A PROFESSIONAL CORPORATION, et al. 06/25/2026 Hearing on Motion to Dismiss for Failure to Post Undertaking in Department 16C

Tentative Ruling

NOTICE:

Please take notice, Department 54 has moved to Department 16C at the Tani G. Cantil- Sakauye Courthouse. The new courthouse is located at 500 G Street, Sacramento, CA 95814.

TENTATIVE RULING:

Defendants Law Offices of Frank D. Penny, a professional corporation, and Joshua Boyce’s (collectively, “Defendants”) motion to dismiss for failing to post an undertaking is UNOPPOSED and GRANTED.

On April 8, 2026, the Court granted Defendants’ motion requiring plaintiff in pro per Delma Jrmar Jefferson (“Plaintiff”), a resident of Texas, to post an undertaking in the amount of $434,000 no later than 30 days after service of the signed order. The Court’s order stated “If Plaintiff ‘fails to file the undertaking within the time allowed,’ this case ‘shall be dismissed as to’ Defendants.” (Order Re: Motion for Out of State Plaintiff to Post an Undertaking, 04/08/2026, Exh. 1 (Minute Order), p. 6, citing Code Civ. Pro. § 1030(d).)

Defendants served the Notice of Entry of signed order on Plaintiff on April 13, 2026. (Notice of Entry of Judgment, 04/13/2026.) Defendants assert Plaintiff has failed to comply with the order and has not filed any undertaking. (Declaration of David Davidson (“Davidson Decl.”), ¶¶ 18-20.)

Defendants move pursuant to Code of Civil Procedure section 1030(d), which states: “If the plaintiff fails to file the undertaking within the time allowed, the court shall dismiss the action as to the defendant for whom the undertaking was ordered.” (Code Civ. Pro. § 1030(d).)

There is no evidence that Plaintiff has posted the undertaking, and Plaintiff has failed to oppose this motion. Accordingly, dismissal is mandatory, and the motion is GRANTED.

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

24CV020517: JEFFERSON vs LAW OFFICES OF FRANK D PENNY A PROFESSIONAL CORPORATION, et al. 06/25/2026 Hearing on Motion to Dismiss for Failure to Post Undertaking in Department 16C

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 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID 16030877014. 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/courtreporters/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.

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.