Petition to Confirm, Correct, or Vacate Contractual Arbitration Award
25CV028134: HAMIDI vs ENTEXS CORPORATION, A CALIFORNIA CORPORATION 05/19/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 16C
Tentative Ruling
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:
Petitioner Nilofar Hamidis (Petitioner) petition to confirm arbitration award is UNOPPOSED, but is DROPPED for defective service.
Code of Civil Procedure § 1290.4 provides:
(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.
(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision:
(1) Service within this State shall be made in the manner provided by law for the service of summons in an action.
The Proof of Service indicates respondent Entexs Corporation (Respondent) was served with the petition and accompanying papers via email. Respondent has not yet appeared in this action.
On reply, Petitioner concedes the arbitration agreement does not provide the manner in which service of the petition and notice shall be made, but argues that service was proper pursuant to the general motion-service rules because Respondent appeared in
25CV028134: HAMIDI vs ENTEXS CORPORATION, A CALIFORNIA CORPORATION 05/19/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 16C
the underlying JAMS arbitration proceeding. This argument is unavailing. First, the JAMS arbitration proceeding was a completely distinct proceeding from the one before this Court. Before proceeding, the Court must have personal jurisdiction over the parties. Second, Petitioner offers no legal authority that an appearance in the underlying arbitration proceeding constitutes an appearance in the proceeding for purposes of section 1290.4. Accordingly, the petition and notice of hearing on the petition must be served in the manner of a summons. Service via email does not comply with Code of Civil Procedure section 1290.4(b).
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Defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.)
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.
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 To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID 16030877014. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV028134: HAMIDI vs ENTEXS CORPORATION, A CALIFORNIA CORPORATION 05/19/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 16C
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/courtreporters/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.