Motion to Strike the Complaint and Answer to Cross-Complaint
34-2022-00314757-CU-DF-GDS: Elite Healthcare Resources LLC vs. Star Nursing Services, Inc. 06/15/2026 Hearing on Motion to Strike the Complaint and Answer to Cross-Complaint in Department 8D
Tentative Ruling
NOTICE: PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 8D, located at 500 G Street, Sacramento, CA, the Hon. Julie G. Yap presiding. Should argument be requested by either party, the requesting party 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, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
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.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. 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/j/16113421868 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 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
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34-2022-00314757-CU-DF-GDS: Elite Healthcare Resources LLC vs. Star Nursing Services, Inc. 06/15/2026 Hearing on Motion to Strike the Complaint and Answer to Cross-Complaint in Department 8D
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 be 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 25 WILL BE HEARD IN DEPARTMENT 8D 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****
TENTATIVE RULING
Defendants and Cross-Complainants Star Nursing, Inc., Nancy Frost, and Kimberly Joens (Defendants) Motion to Strike Complaint and Answer to Cross-Complaint filed by Plaintiff Elite Healthcare Resources, LLC (Elite) is ruled upon as follows.
Factual Background
On January 28, 2022, Elite commenced this action by filing its complaint alleging causes of action which included defamation, libel, slander, false light, interference with prospective advantage, unfair competition, and tortious interference with contract against Defendants. Elite alleges it is a competitor with Star Nursing, Inc. (Star) and that both provide nurses and other healthcare practitioners for placement in healthcare facilities. Elite alleges Defendants made false statements about Elite, including engaging in an online smear campaign, telling others not to use Elites services, and falsely alleging Elite stole Defendants client and healthcare provider lists.
Defendants filed their cross-complaint on March 1, 2023, alleging causes of action for:
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00314757-CU-DF-GDS: Elite Healthcare Resources LLC vs. Star Nursing Services, Inc. 06/15/2026 Hearing on Motion to Strike the Complaint and Answer to Cross-Complaint in Department 8D
(1) computer fraud; (2) violation of the Defend Trade Secrets Act; (3) breach of fiduciary duty; (4) violation of the Uniform Trade Secrets Act; (5) conversion; (6) violation of Penal Code section 502; (7) violation of Business and Professions Code section 17200, et seq.; and (8) libel per se. Elite filed an answer to the cross-complaint on July 31, 2023.
On June 29, 2023, Elite filed the operative second amended complaint (SAC) alleging five causes of action: (1) libel per se; (2) slander per se; (3) intentional interference with prospective advantage; (4) negligent interference with prospective advantage; (5) unfair competition (Business and Professions Code section 17200).
Defendants now move to strike Plaintiffs operative SAC and answer to the crosscomplaint on the grounds that Elite is a suspended entity and therefore lacks the capacity to prosecute or defend the instant action. Elite opposes, arguing that Defendants engaged in unnecessary delay in bringing the instant motion, thus waiving the arguments presented herein. In the alternative, if the Court is inclined to grant the instant motion, Elite requests, at a minimum a brief continuance to permit Elite to present its certificate of revivor.
Defendants unopposed request for judicial notice is granted for the purposes appropriate for judicial notice. (See Evid. Code § 452, subd. (d); see also Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768 [court may take judicial notice of the existence of court documents but not to the truth of the statements contained therein].)
Discussion
Defendants have presented evidence to indicate that Elite was suspended as of May 1, 2025. Elite presents no evidence in opposition which would indicate that Elite has yet obtained a certificate of revivor or is in the active process of doing so. Plaintiffs argue on reply that Elite has been suspended for more than a year, and therefore has had ample opportunity to revive.
Nevertheless, the Court with exercise its discretion and briefly continue the instant motion to permit Elite to file a certificate of revivor.
The instant motion is CONTINUED to July 27, 2026 at 1:30 p.m. in this department.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00314757-CU-DF-GDS: Elite Healthcare Resources LLC vs. Star Nursing Services, Inc. 06/15/2026 Hearing on Motion to Strike the Complaint and Answer to Cross-Complaint in Department 8D
Elite is instructed to file its certificate of revivor with the Court on or before July 20, 2026.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.
On the Court's own motion, the Hearing on Motion to Strike the Complaint and Answer to Cross-Complaint scheduled for 06/15/2026 is continued to 07/27/2026 at 01:30 PM in Department 8D at Tani G. Cantil-Sakauye Courthouse.