TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al.

23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 12/24/2025 Hearing on Motion to Expunge Lis Pendens in Department 28

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 pm in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.

Any party who wishes to contest the tentative ruling below must:

(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail 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 they have notified the opposing party of their intention to appear; and

(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.

If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:

https://saccourt-ca-gov.zoomgov.com/my/sscdept28

SIP Address:

16039062174@sip.zoomgov.com

23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 12/24/2025 Hearing on Motion to Expunge Lis Pendens in Department 28

(833) 568-8864

ID: 16039062174

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

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.

TENTATIVE RULING:

Defendants Elk Grove Reserve et al.’s motion to expunge lis pendens is DROPPED for defective service.

The proof of service of Plaintiff filed on December 10, 2025 indicates that Plaintiff was personally served on December 5, 2025, which is only 13 court-days before the hearing. Thus, service of the moving papers on December 5, 2025 fails to provide the minimum 16 court days’ notice as required by Code of Civil Procedure sections 1005, subdivision (b). Additionally, it appears that the moving papers were served on “Brown, Gee &

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 12/24/2025 Hearing on Motion to Expunge Lis Pendens in Department 28

Wenger LLP,” which is not listed as counsel of record for Plaintiff. There is no indication that service was made on Plaintiff’s agent for service of process. Thus, is does not appear that Plaintiff was properly served with the moving papers. Defective service deprives the Court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)

Accordingly, the motion is DROPPED.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)