Petition to Confirm, Correct, or Vacate Contractual Arbitration Award
25CV028706: AMERICAN MICROLOAN, LLC vs AZIZI LLC, et al. 05/28/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 16D
Tentative Ruling
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25CV028706: AMERICAN MICROLOAN, LLC vs AZIZI LLC, et al. 05/28/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 16D
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*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Petitioner American Microloan, LLCs petition to confirm arbitration award is dropped for defective service.
Pursuant to Code of Civil Procedure § 1290.4(b)(1), where, as here, a party has yet to appear in the action, and the arbitration agreement does not provide the manner in which service of the petition and notice of the petition shall be made, the petition and the notice of hearing on the petition must be served in the manner of a summons. The proof of service for the hearing shows that Petitioner served Respondent Azizi LLC by substituted service pursuant to CCP § 415.20 on May 7, 2026. Service pursuant to that section is deemed complete the tenth day after mailing a copy of the summons and complaint.
Given that the proof of service reflects mailing of the summons and complaint, service would be deemed complete on May 17, 2026 which is only nine calendar days and eight Court days before this hearing. A petition must be heard upon notice provided by law for the making and hearing of motions, i.e., CCP § 1005(b)). (CCP § 1290.2.) Service of the petition in a manner which only provided eight Court days before the hearing does not comply with the notice requirements set forth in CCP § 1005(b).
Rather, pursuant to CCP § 1005(b) all moving and supporting papers shall be served and filed at least 16 court days before the hearing. While CCP § 1290.2 also provides that the court may shorten time to not less than 10 days notice, Petitioner did not seek and receive any order shortening time and in any event, even if an order shortening time had been issued, Petitioners nine days notice would remain statutorily deficient in any event.
Defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV028706: AMERICAN MICROLOAN, LLC vs AZIZI LLC, et al. 05/28/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 16D
Title Co. (1994) 28 Cal.App.4th 503, 509, 511.)
This minute order is effective immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required.