Notice of Demurrer and Demurrer to Petition
25PR002929: IN THE MATTER OF: THE FIVE A FAMILY TRUST 06/17/2026 General Probate Rehearing on the Demurrer in Department 129
Tentative Ruling
NOTICE OF DEMURRER AND DEMURRER TO PETITION
MOTION FILED: 2/4/2026
RE: The Five A Family Trust, dated 2/20/1976
MOVING PARTY: Respondent Ronald Melchin Attorney: John Lupton, (213) 493-6400
RESPONDING PARTIES: NA.
NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the courts website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.
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 129 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept129 and the Zoom Meeting ID is 161 3352 9231. 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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be
25PR002929: IN THE MATTER OF: THE FIVE A FAMILY TRUST 06/17/2026 General Probate Rehearing on the Demurrer in Department 129
signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts 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 Reporters Office and an official reporter will be provided. TENTATIVE RULING Respondent Ronald Melchins demurrer is sustained with leave to amend. This matter was previously set for rehearing on June 3, 2026.
The Court notes that while a demurrer must be filed within 30 days of service of the operative complaint or pleading, it is unclear based on the Courts records if or when Respondent was served with the petition.
Defendant contends that the petition is deficient because petitioner fails to allege facts sufficient to maintain any cause of action (Code Civ. Proc., § 430.10(e).) and also fails to allege information required by Civil Code § 1714.10.
Oppositions are due nine court days before the hearing. (Code Civ. Proc., § 1005(b).) Respondent filed a notice of petitioners nonopposition on 3/11/2026. 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].)
The demurrer is sustained with leave to amend. If the plaintiff has not had an opportunity to amend the complaint in response to the demurrer, leave to amend is liberally allowed as a matter of fairness, unless the complaint shows on its face that it is incapable of amendment. (City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 747.) Leave to amend is granted as this is Respondents first challenge to the petition on which the Court has ruled.
Plaintiff may file and serve an amended complaint no later than July 8, 2026. Respondent shall file and serve a response within 30 days thereafter, 35 days if the amended complaint is served by mail.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)