Motion for Trial Preference
26CV001157: LEPORATI vs SACRAMENTO BEHAVIORAL HEALTHCARE HOSPITAL 05/29/2026 Hearing on Motion for Trial Preference in Department 17A
Tentative Ruling
NOTICE: If oral arguments are requested or appearances are required, the hearing may be conducted in person or remotely via ZoomGov [which includes telephonic and teleconferencing options]. No Court Call appearances will be permitted. If you choose to use Zoom you must use your first and last name on your ZoomGov account so the court can positively identify you. The Department 17A ZoomLink is https://saccourt-ca-gov.zoomgov.com/j/16173813009 and the ZoomGov ID is: 161 7381 3009. Appearances via videoconference using the above link are preferred. To appear on ZoomGov by phone, call (833) 568-8864 and enter the ZoomGov ID referenced above, available phone commands include *6 to mute/unmute or *9 to raise your hand. If you experience issues joining your hearing, please contact the clerk in Department 17A at (916) 874-5487 for assistance.
The motion of Plaintiff Robin Leporati, RN (Plaintiff) for preference is ruled on as follows.
All motions must include a notice of hearing on the motion, which must specify the nature of the order being sought and the grounds for the order in the first paragraph. (Cal. Rules of Court, rule 3.1110(a), 3.1112(a).) Defective notice deprives the Court of jurisdiction. Defective notice deprives a court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.) However, the only named defendant, Sacramento Behavioral Healthcare Hospital (Defendant), filed a statement indicating it does not oppose the request for preference. Accordingly, the Court finds the defect in notice has been waived and will exercise its discretion to consider the motion on its merits.
Plaintiff failed to provide notice of the Courts tentative ruling system for the Law and Motion calendar in the Presiding Judges department. (See Local Rule 1.05(C)-(D).) Moving counsel is directed to contact opposing counsel and/or self-represented litigants and advise them of Local Rule 1.05, the Courts tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone.
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?”
Based on the undisputed evidence, the Court finds Plaintiff is over the age of 70 and suffers from health conditions such that preference is necessary. Plaintiff is therefore entitled to preference under Code of Civil Procedure § 36(a).) The motion is granted.
26CV001157: LEPORATI vs SACRAMENTO BEHAVIORAL HEALTHCARE HOSPITAL 05/29/2026 Hearing on Motion for Trial Preference in Department 17A
Pursuant to Code of Civ. Proc. § 36(f), trial must be scheduled on a date within 120 days of the hearing. The hearing on this motion is scheduled for May 29, 2026. Thus, trial must be scheduled on or before Monday, September 28, 2026. (Code Civ. Proc. §§ 12a, 36(f).) Trial is set for August 11, 2026 at 8:30 a.m. in Department 17A. A mandatory settlement conference is set for July 7, 2026 at 9:30 a.m. in Room 450.
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.)
This case has been assigned to Department 17A for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 17A. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 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 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.