motion to defaults Defendants amended answer to second amended complaint
23CV005472: BENNETT vs SACRAMENTO COUNTY JAIL, et al. 06/25/2024 Hearing on Motion - Other to Default in Department 54
Tentative Ruling
Plaintiff Austin Bennetts (Plaintiff) motion to defaults Defendants amended answer to second amended complaint is DENIED. Plaintiffs entire motion is as follows: I, Austin Bennett, hereby declare as follows: I am the Plaintiff and respectfully motion the Court to default the Defendants answer to my Second Amended Complaint for failing to file by the deadline of 3/18/2024. The Defendants filed their answer to my Second Amended Complaint, but did not comply with Civil Procedure § 446 and verified their answer ten days late. Defendants County of Sacramento and Sacramento County Jail (collectively Defendants) oppose the motion, arguing Plaintiff has failed to demonstrate defendants did not timely answer; plaintiff fails to establish that the public entity defendants are required to verify their answer; plaintiffs motion violates numerous California Rules of Court. (Opposition, 2:9-11.)
Plaintiff did not file a reply. The Court concludes that Plaintiff has not shown any defect in Defendants answer nor any grounds to support a default against Defendants. Plaintiffs motion is DENIED. The Court need not rule on Defendants request for judicial notice of Plaintiffs first amended complaint filed in a separate action, as it was not relied upon for purposes of this motion. The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.
The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify opposing counsel immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact opposing counsel prior to hearing, Plaintiff is ordered to appear at the hearing in person or via Zoom.
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
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23CV005472: BENNETT vs SACRAMENTO COUNTY JAIL, et al. 06/25/2024 Hearing on Motion - Other to Default in Department 54
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 53/54 Zoom Link is https://saccourt-cagov.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 forward the form to the Court Reporters Office and an official reporter will be provided.