Soraya Maria Rigor vs. Estate of Leo Charles Curry

34-2020-00285047-CU-MC-GDS: Soraya Maria Rigor vs. Estate of Leo Charles Curry 08/18/2026 Hearing on Motion to Dismiss in Department 16C

Tentative Ruling

Defendant NRT West, Inc. dba Coldwell Banker Realty’s (“Defendant”) motion to dismiss based on pro per Plaintiff Soraya Rigor’s (“Plaintiff”) failure to bring the action to trial within five years is ruled upon as follows.

Plaintiff filed her complaint on September 8, 2020. Defendant was not named in Plaintiff’s initial complaint. Plaintiff named Defendant as Doe 1 to the first amended complaint (“FAC”) on April 29, 2021. However, Plaintiff did not file her FAC until May 21, 2021. Plaintiff has since filed multiple iterations of her complaint with the operative pleading being the sixth amended complaint.

Pursuant to Code of Civil Procedure sections 583.310 and 583.360, Defendant moves for mandatory dismissal for failure to bring the action to trial within five years.

An action shall be brought to trial within five years after the action is commenced against the defendant (Code Civ. Proc. § 583.310) or it shall be dismissed (Code Civ. Proc. § 583.360, subds. (a), (b)). As a result, Plaintiff was required to bring this action to trial against Defendant no later than May 21, 2026. No trial is currently set, nor has trial ever been scheduled.

Dismissal is mandatory and not subject to extension, excuse, or exception, except as expressly provided by statute. (Code Civ. Proc. § 583.360, subd. (b).) Unless a specified exception applies, a trial court has a mandatory duty to dismiss an action with prejudice, and a defendant has an absolute right to obtain an order of dismissal, once five years has elapsed from the date the action was commenced. (M & R Properties v. Thomson (1992) 11 Cal.App.4th 899, 903.)

Code of Civil Procedure section 583.340 provides the only valid basis for potential tolling of the five-year period and states: “[i]n computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The jurisdiction of the court to try the action was suspended; (b) Prosecution or trial of the action was stayed or enjoined. (c) Bringing the action to trial, for any other reason, was impossible, impracticable, or futile.”

Defendant contends that none of the exceptions apply because the parties have never agreed to any extension of the mandatory five-year deadline. At no point was the trial court’s jurisdiction suspended, nor has the action been stayed or enjoined. Defendant adds that no impossibility, impracticability, or futility to bring this action to trial occurred during the pendency of this action.

Although Plaintiff has filed an opposition to the motion, the opposition fails to address any of the grounds for tolling. Rather, her opposition addresses the merits of her action.

34-2020-00285047-CU-MC-GDS: Soraya Maria Rigor vs. Estate of Leo Charles Curry 08/18/2026 Hearing on Motion to Dismiss in Department 16C

Since Plaintiff failed to bring the action to trial against Defendant by May 21, 2026, and failed to argue any grounds for tolling, the motion to dismiss is GRANTED.

Pursuant to CRC Rule 3.1312. Defendant shall submit a proposed order and judgment of dismissal as to Defendant only.

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 Department 16C Oral Argument Request Line at (916) 874-1475 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 and the Zoom Meeting ID is 160 3087 7014. 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 on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.

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.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2020-00285047-CU-MC-GDS: Soraya Maria Rigor vs. Estate of Leo Charles Curry 08/18/2026 Hearing on Motion to Dismiss in Department 16C

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.