Motion for Appointment of Counsel
34-2021-00309918-CU-MC-GDS: Phillip James Colwell vs. Michael Aye 01/08/2026 Hearing on Motion - Other for Appointment of Counsel in Department 54
Tentative Ruling
This matter was continued from December 18, 2025, to today's date pursuant to the Court's procedures for self-represented incarcerated parties. Since the time of continuance, and on December 29, 2025, plaintiff filed a proof of service, which indicated that this motion was served on defendant by mail on December 22, 2025. In light of this, the Court has modified its tentative ruling, which is published below.
The Litigation Coordinator shall make Phillip James Colwell available, by Zoom or telephonically, at 9:00 a.m. to participate in oral argument.
To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom ID: 16146506749.
Incarcerated plaintiff in pro per Phillip James Colwells (Plaintiff) motion to appoint counsel is UNOPPOSED, but is DROPPED due to defective service.
Plaintiff asks this Court to appoint counsel to represent him in this action on the grounds that he is incarcerated in the Federal Bureau of Prisons and does not have access to any state laws, rules, resources, procedures, guidelines, case laws, or any other state legal materials and if he had counsel state legal materials could be accessed.
This motion was originally noticed for December 18, 2025. The matter was continued from that date to today's date pursuant to the Court's procedures for self-represented incarcerated parties. At the time of the hearing, there was no proof of service accompanying the motion in the Courts file indicating it was served on defendant Michael Aye. This was indicated in the Court's tentative ruling that was published on December 17, 2025. After this matter was continued, and on December 29, 2025, Plaintiff filed a proof of service indicating this motion was served on defendant by mail on December 22, 2025. Despite this, notice remains defective because it only provided 11 Court days' notice of the motion. Code of Civil Procedure section 1005 requires 16 Court days' notice, plus five calendar days' notice when service is by regular mail.
Defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.)
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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:
34-2021-00309918-CU-MC-GDS: Phillip James Colwell vs. Michael Aye 01/08/2026 Hearing on Motion - Other for Appointment of Counsel in Department 54
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 54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. 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 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 be forward the form to the Court Reporters Office and an official reporter will be provided.