Petition to Appoint Receiver
25CV025810: IN THE MATTER OF: CITY OF SACRAMENTO, A MUNICIPAL CORPORATION 08/11/2026 Hearing on Petition to Appoint Receiver in Department 16C
Tentative Ruling
This matter initially scheduled for July 21, 2026. The tentative ruling dropped the Petition because there was no proof of service of the Petition. At oral argument, the Court continued the matter to todays date for Petitioner to serve the petition and motion.
On July 21, 2026, Petitioner filed a proof of service showing that the Summons, Civil Case Cover Sheet, Notice of Pendency of Action, and Petition for Appointment of a Receiver was served via United States Mail on July 21, 2021.
Service is nonetheless still defective. First, the proof of service does not show that an amended notice of motion with todays hearing date was served on Respondent Parmanandam Naga (Respondent). Second, service of the Petition by mail is insufficient.
Health & Safety Code section 17980.7(c) requires that the Petition be served on the owner pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, which is the manner by which a summons may be served.
Code of Civil Procedure section 415.30 applies for service of a summon by mail. The statute requires the petition to be mailed with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender. Service of a summons is deemed complete on the date the written acknowledgment of receipt of summons is executed. (Code Civ. Proc. § 415.30.) Here, there is no indication that Petitioner complied with this statute, and no evidence that Respondent executed a written acknowledgment.
Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
Accordingly, the petition is DROPPED.
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:
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To request limited oral argument, on any matter on this calendar, you must call the Department 16C Oral Argument Request Line at (916) 874-1475 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
25CV025810: IN THE MATTER OF: CITY OF SACRAMENTO, A MUNICIPAL CORPORATION 08/11/2026 Hearing on Petition to Appoint Receiver in Department 16C
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.
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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 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.