Motion for Default Judgment
34-2021-00309918-CU-MC-GDS: Phillip James Colwell vs. Michael Aye 05/21/2026 Hearing on Motion - Other for Default Judgment in Department 16C
Tentative Ruling
Mandatory Appearance of all parties required.
NOTICE:
Please take notice, Department 54 has moved to Department 16C at the Tani G. Cantil- Sakauye Courthouse. The new courthouse is located at 500 G Street, Sacramento, CA 95814.
TENTATIVE RULING:
This matter was continued pursuant to Department 16C's procedure for self-represented incarcerated parties. The tentative ruling from May 7, 2026 is republished below.
To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom ID: 16030877014.
Pro per Plaintiff Phillip James Colwell's ("Plaintiff") application/motion to enter default judgment against Defendant Michael Aye (Defendant) is DENIED.
As explained previously by the Court, Defendant has filed a demurrer which precludes default from being entered. (See Notice of Rejection Request for Default/Judgment, March 23, 2026; Minute Order, May 22, 2024.)
Additionally, since Defendant has appeared in the action, Plaintiff was required to provide Defendant notice of the hearing. CRC Rule 3.1112(a) requires that a motion must include a notice of hearing, the motion itself, and a memorandum of points and authorities. A notice of hearing must state, among others, [t]he date, time, and location, if ascertainable, of any scheduled hearing and the name of the hearing judge, if ascertainable. (CRC Rule 3.1110(b)(1).) Plaintiff failed to file and serve a notice of motion with todays hearing date. As a result, Defendant was not given notice of todays hearing date. Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
Additionally, CRC Rule 3.1112(a) and Rule 3.1113 require a memorandum of points and
34-2021-00309918-CU-MC-GDS: Phillip James Colwell vs. Michael Aye 05/21/2026 Hearing on Motion - Other for Default Judgment in Department 16C
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?”
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; 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 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 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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2021-00309918-CU-MC-GDS: Phillip James Colwell vs. Michael Aye 05/21/2026 Hearing on Motion - Other for Default Judgment in Department 16C
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.