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25CV030786·sacramento·Civil·Contract
Hearing 4 months agoDENIED without prejudice

PORTFOLIO RECOVERY ASSOCIATES, LLC vs POLAND

Motion to Compel Arbitration

Hearing date
Apr 21, 2026
Department
16C
Prevailing
Opposing Party

Motion type

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Parties

PlaintiffPORTFOLIO RECOVERY ASSOCIATES, LLC
DefendantCRYSTAL R. POLAND

Ruling

25CV030786: PORTFOLIO RECOVERY ASSOCIATES, LLC vs POLAND 04/21/2026 Hearing on Motion to Compel Arbitration in Department 16C

Tentative Ruling

NOTICE: The Sacramento Superior Court is transitioning operations from the Gordon D. Schaber and Hall of Justice buildings to the new Tani G. Cantil-Sakauye Courthouse through a phased move plan beginning on April 13, 2026. Visit the court’s website at www.saccourt.ca.gov for the most current and up to date information regarding the transition. The physical and mailing address of the new downtown courthouse is:

Tani G. Cantil-Sakauye Courthouse 500 G Street Sacramento, CA 95814

Please take notice, effective April 13, 2026, Department 54 has moved to Department 16C at the Tani G. Cantil-Sakauye Courthouse. The Honorable Christopher E. Krueger remains presiding over all Home Court proceedings, including Case Management and Law & Motion. All hearings currently scheduled or reserved after the effective date shall remain in place and will be heard in Department 16C.

Hon. Christopher E. Krueger Department 16C 916-874-7848

TENTATIVE RULING:

Defendant in pro per Crystal R. Poland’s (“Defendant”) motion to compel arbitration is UNOPPOSED, but DENIED without prejudice.

The entirety of Defendant’s memorandum of points and authorities states the following.

“Plaintiff’s claims arise from a cardmember agreement containing a binding arbitration clause. Plaintiff, as an alleged assignee, is bound by that clause. Arbitration is mandatory under the Federal Arbitration Act.”

Defendant then attaches “Exhibit A” and “Exhibit C” to the motion without authenticating either document.

This is wholly insufficient. Defendant’s motion completely fails to satisfy her burden to demonstrate the existence of a valid agreement to arbitrate between the parties. Plaintiff sets forth no relevant legal authority, well-reasoned argument, or evidence in support of

25CV030786: PORTFOLIO RECOVERY ASSOCIATES, LLC vs POLAND 04/21/2026 Hearing on Motion to Compel Arbitration in Department 16C

her motion. Thus, the motion is DENIED without prejudice.

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Defendant is directed to contact Plaintiff and advise of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If Defendant is unable to contact Plaintiff prior to hearing, moving counsel is ordered to appear at the hearing.

The minute order is effective immediately. No formal order pursuant to California Rules of Court, 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 54 Zoom Link is https://saccourt-ca-gov.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 Court’s 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

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV030786: PORTFOLIO RECOVERY ASSOCIATES, LLC vs POLAND 04/21/2026 Hearing on Motion to Compel Arbitration in Department 16C

10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.

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