Proposed Settled Statement Re Motion for Leave to Amend
34-2022-00315573-CU-IC-GDS: Jacob Kern vs. Lindsey San Martin - Supervisor Home Owner Claims - CSAA 07/14/2026 Hearing on Motion - Other for Proposed Settled Statement Re Motion for Leave to Amend in Department 16D
Tentative Ruling
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 16D Oral Argument Request Line at (916) 874-3056 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 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 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 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.
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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
34-2022-00315573-CU-IC-GDS: Jacob Kern vs. Lindsey San Martin - Supervisor Home Owner Claims - CSAA 07/14/2026 Hearing on Motion - Other for Proposed Settled Statement Re Motion for Leave to Amend in Department 16D
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.
****NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE.*****
TENTATIVE RULING:
Pursuant to Standing Order SSC-25-7, this case is hereby reassigned to Civil Home Court Department 8D (Hon. Julie G. Yap). The Court notes that his case was previously assigned in April 2025 to Department 39 (Judge Southworth) for purposes of trial. However, to the extent that post-trial issues may remain or arise that are not properly heard by the trial department, the present case was not given a Civil Home Court pursuant to Standing Order SSC 25-7. Thus, the Court now makes such reassignment consistent with Standing Order SSC 25-7.
Additionally and more specifically, Plaintiff in pro per Jacob Kerns (Appellant) present request for a settled statement pursuant to California Rules of Court, rule 8.137 is reassigned to Department 8D so that the matter may be considered by Judge Yap upon Plaintiffs compliance with the rules referenced below. Appellant indicates that this request concerns oral arguments presented before Hon. Judge Yap on April 14, 2025, regarding Appellants Motion for Leave to Amend Complaint. Thus, Judge Yap, who remains an active and available judicial officer on this bench, is the appropriate judicial officer to consider Appellants proposed settled statement. However, the Court notes that Appellant did not file his request using Proposed Statement on Appeal (Unlimited Civil Case) (Judicial Council Form APP-014).
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00315573-CU-IC-GDS: Jacob Kern vs. Lindsey San Martin - Supervisor Home Owner Claims - CSAA 07/14/2026 Hearing on Motion - Other for Proposed Settled Statement Re Motion for Leave to Amend in Department 16D
Accordingly, Appellant is directed to refile with the Clerk of Department 8D his proposed statement using Proposed Statement on Appeal (Unlimited Civil Case) (form APP-014) and reserve Respondent in compliance with the procedures set forth in California Rules of Court, rule 8.137. Respondent shall file a response in compliance with the timelines set forth in California Rules of Court, rule 8.137. Thereafter, the Court shall review the filings as prescribed by Rule 8.137(f)
This matter will not be set for future hearing unless specifically ordered by the Court, i.e., Department 8D. (See California Rules of Court, rule 8.137(f)(1).)
Thus, the matter is reassigned as stated above and the scheduled hearing in this department is DROPPED.
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.)