Soraya Maria Rigor vs. Estate of Leo Charles Curry

34-2020-00285047-CU-MC-GDS: Soraya Maria Rigor vs. Estate of Leo Charles Curry 05/14/2026 Hearing on Motion to Dismiss in Department 16C

Tentative Ruling

NOTICE:

The Sacramento Superior Court has transitioned operations from the Gordon D. Schaber and Hall of Justice buildings to the new Tani G. Cantil-Sakauye Courthouse through a phased move plan beginning on April 13, 2026. Visit the court’s website at www.saccourt.ca.gov for the most current and up to date information regarding the transition. The physical and mailing address of the new downtown courthouse is:

Tani G. Cantil-Sakauye Courthouse 500 G Street Sacramento, CA 95814

Please take notice, effective April 13, 2026, Department 54 has moved to Department 16C at the Tani G. Cantil-Sakauye Courthouse. The Honorable Christopher E. Krueger remains presiding over all Home Court proceedings, including Case Management and Law & Motion. All hearings currently scheduled or reserved after the effective date shall remain in place and will be heard in Department 16C.

Hon. Christopher E. Krueger Department 16C 916-874-7848

Tentative Ruling

“Specially appearing” Defendant Tonia M. Smith, erroneously sued as Tonia M. Smith – Heir of John H. Lewis’ (“Owner”) motion to dismiss for failure to serve summons and complaint within three years of commencing the action is ruled upon as follows.

Pro per plaintiff Soraya Rigor (“Plaintiff”) filed her complaint on September 8, 2020. Plaintiff named numerous individuals and entities in regards to a mortgage loan secured by real property of her deceased mother. On April 29, 2021, Plaintiff filed a Doe Amendment identifying Does 1- 8. John Lewis is identified as Doe 6. On May 24, 2021, Plaintiff filed her first amended complaint (“1AC”) adding John Lewis, lenders, and others involved in the sale of the property, but did not not include the record owners of the property. Owner is the record owner of the property. Plaintiff has since filed amended complaints, with the fifth amended complaint (“5AC”) being the operative pleading.

On January 8, 2025, before Plaintiff had added Owner as a defendant to the action, Owner, identifying herself as an “interested and specially appearing party,” filed a demurrer to Plaintiff’s 5AC. On July 1, 2025, the Honorable Richard K. Sueyoshi dropped Owner’s demurrer,

34-2020-00285047-CU-MC-GDS: Soraya Maria Rigor vs. Estate of Leo Charles Curry 05/14/2026 Hearing on Motion to Dismiss in Department 16C

explaining that she lacked standing because she was not a party to the action. That same day, Plaintiff filed an Amendment to the Complaint, identifying Owner as “John Doe 1.”

Owner moves for mandatory dismissal for failure to serve the summons and complaint within three years of commencing the action against Smith.

Code of Civil Procedure section 583.210 provides:

(a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.

(b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant.

The failure to file the summons and complaint within the three years specified in section 583.210 requires dismissal of the complaint. Code of Civil Procedure section 583.250 states:

(a) If service is not made in an action within the time prescribed in this article:

(1) The action shall not be further prosecuted and no further proceedings shall be held in the action.

(2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties.

(b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.

Owner argues that she must be dismissed from the action because the record owner of the property (i.e. John Lewis) was first named as a Doe defendant in the 1AC. Thus, Plaintiff was required to serve the summons and 5AC by no later than May 24, 2024.

Plaintiff has filed a number of responses to the motion, but none address the merits of the motion. Rather, Plaintiff’s responses address the merits of her case and her motion for leave to file a sixth amended complaint.

Preliminarily, the Court notes that although Owner filed a demurrer to the 5AC on January 8, 2025, Owner did not make a general appearance because the demurrer was filed after the threeyear period had expired. (Cf. Weatherby v. Van Diest (1991) 233 Cal.App.3d 506, 509 [“where a general appearance has been made before the three-year period, service of summons and

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2020-00285047-CU-MC-GDS: Soraya Maria Rigor vs. Estate of Leo Charles Curry 05/14/2026 Hearing on Motion to Dismiss in Department 16C

complaint is not a determinative factor of notice and the defendant’s participation in the lawsuit.”].)

In the case at bar, Plaintiff failed to serve Owner with the summons and 5AC within three years of naming John Lewis in the 1AC. As a result, dismissal is mandatory.

The motion is GRANTED.

This minute order is effective immediately. Owner shall submit a formal order for the Court’s signature pursuant to CRC Rule 3.1312.

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/court-reporters/docs/crtrp-6a.pdf.

Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2020-00285047-CU-MC-GDS: Soraya Maria Rigor vs. Estate of Leo Charles Curry 05/14/2026 Hearing on Motion to Dismiss in Department 16C

Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/courtreporters/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.