Motion to Vacate CCP 663 Discovery Referee, Rule of Court 1.100 Disability Accommodation
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 03/25/2025 Hearing on Motion to Vacate Portion of Order of Motion to Compel in Department 54
Tentative Ruling
Claimant in pro per Harold J. Rucker, Jr.s (Claimant) Motion to Vacate CCP 663 Discovery Referee, Rule of Court 1.100 Disability Accommodation is DENIED.
Claimants motion is procedurally defective. First, Claimant did not include a Notice of Motion as required by Code of Civil Procedure section 1010. Section 1010 states, Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based. Second, there is no proof of service accompanying the motion. Indeed, Respondent CSAA Insurance Exchange (Respondent) contends they only became aware that Claimant had filed and obtained a hearing date for this motion after reviewing the Courts docket.
Despite these procedurally deficiencies, Respondent has filed an opposition on the merits, thereby waiving any issue of insufficient notice. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 [opposing a motion on the merits waives any defects or irregularities in the notice of motion].)
Claimants motion seeks to vacate the Courts ruling of on Respondents Motion to Compel Arbitration from October 1, 2024, pursuant to Code of Civil Procedure section 663, which provides:
A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment:
1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected.
2. A judgment or decree not consistent with or not supported by the special verdict.
A judgment is the final determination of the rights of the parties in an action or proceeding. (Code Civ. Proc. § 577
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Section 663 is inapplicable to the Courts October 1, 2024, order granting Respondents motion to compel arbitration. The minute order issued on October 1, 2024 is not a judgment or decree resulting in the final determination of the rights of the parties in the action. Instead, the Order was a ruling on Respondents motion to compel arbitration. As such, Claimants motion to vacate the order is DENIED.
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 03/25/2025 Hearing on Motion to Vacate Portion of Order of Motion to Compel in Department 54
The remainder of Claimants arguments and requests are unclear, but to the extent he argues Emergency Rule 10 applies to this matter, the Court has already concluded in its prior October 1, 2024, Order that Judicial Council Emergency Rule 10, which granted an extension of time to bring a civil action to trial, is not applicable here. That rule applied to civil actions filed on or before April 6, 2020. The petition was filed by CSAA on June 14, 2022. (Submitted Matter Ruling, 10/1/2024.) Claimant has not presented any argument or legal authority supporting a reversal of the Courts prior conclusion.
To the extent Claimants motion asks the Court to appoint a discovery referee, the request is DENIED. This matter has been ordered to binding arbitration and any discovery issue must be presented to the arbitrator.
Finally, to the extent Claimants motion asks the Court to provide accommodation services pursuant to California Rule of Court, Rule 1.100, the request is DENIED because Claimant has not followed the proper procedures for such a request, which should be made ex parte via a form approved by the Judicial Council. The Sacramento Superior Court's website contains information about how to request accommodations.
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 53/54 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.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 03/25/2025 Hearing on Motion to Vacate Portion of Order of Motion to Compel in Department 54
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