Motion for Leave to Amend Complaint
23CV009868: HIMLEY vs SAMAAN 04/16/2026 Hearing on Motion for Leave to Amend Complaint in Department 16D
Tentative Ruling
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23CV009868: HIMLEY vs SAMAAN 04/16/2026 Hearing on Motion for Leave to Amend Complaint in Department 16D
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 53 WILL BE HEARD IN DEPARTMENT 16D 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. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Plaintiff Dirk Himleys unopposed motion for leave to file a second amended complaint is granted.
The Court declines to consider Defendants untimely opposition filed and served on April 9, 2026, a mere five Court days before the hearing. Defendants opposition was filed in violation of Code of Civil Procedure section 1005(b) which requires an opposition to be filed at least nine court days . . . before the hearing.
In this action, Plaintiff alleges a cause of action against Defendant Nabil Samaan for breach of contract. Plaintiff alleges Defendant agreed to sell Plaintiff real property located at 4021 New York Avenue in Fair Oaks, California, for $380,000; that Plaintiff delivered $60,100 to Defendant; and then Defendant cancelled the agreement and raised the purchase price to $425,000. Plaintiff alleges he is owed his $60,100 plus 5% interest.
The case was initially set for trial on October 21, 2025. Trial was continued to January 20, 2026, to allow Plaintiff to retain counsel which he did on January 2, 2026. On January 20, 2026, Plaintiffs motion to continue trial was granted and trial was continued to November 2, 2026. The Court notes that Defendant appealed that order and the Third District Court of Appeals docket indicates that it is considering dismissing the appeal on the basis that it is a non-appealable order. It appears that Defendant also filed a writ of mandate challenging the January 20, 2026 order.
Plaintiff now seeks leave to file a second amended complaint to assert additional causes of action against Defendant. Plaintiff indicates that prior to retaining counsel that he was not aware of the availability of the additional legal theories that were available
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV009868: HIMLEY vs SAMAAN 04/16/2026 Hearing on Motion for Leave to Amend Complaint in Department 16D
based on the facts already pled. Leave to amend is proper.
No timely opposition to the motion was filed. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
No later than April 30, 2026, Plaintiff shall separately file and serve the proposed amended complaint in the same form as submitted with the motion. The Court will not deem the proposed amended cross-complaint filed and served.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.
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