Motion to Compel Deposition of Tasha Belfils
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 07/07/2025 Hearing on Motion to Compel Deposition of Tasha Belfils in Department 53
Tentative Ruling
NOTICE: PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 25, located at 720 9th Street, Sacramento, CA, the Hon. Julie G. Yap presiding. Should argument be requested by either party, the requesting party 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, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
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.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link: https://saccourt-ca-gov.zoomgov.com/my/sscdept25 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 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 Courts Approved Official Reporter Pro Tempore list.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 07/07/2025 Hearing on Motion to Compel Deposition of Tasha Belfils in Department 53
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 be forward the form to the Court Reporters Office and an official reporter will be provided
TENTATIVE RULING
Respondent CSAA Insurance Exchanges (CSAA) Motion to Compel Deposition of Tasha Belfils (Deponent) pursuant to Code of Civil Procedure section 2020.240, 2023.010, and 2023.020 is unopposed but dropped for failure to serve the non-party deponent.
The provides no proof of service indicating that service on Deponent occurred. California Rules of Court, rule 3.1346 provides that motions to compel deposition testimony must be personally served on non-party deponents, unless otherwise agreed by the deponent. Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
Further, the proof of service shows that the moving papers were served via email on Rucker, who is pro per. Pursuant to CCP 1010.6(c), [a]n unrepresented party may consent to receive electronic service, but such consent must be [e]xpress consent given in one of two ways: (i) Serving a notice on all parties and filing the notice with the court. (ii) Manifesting affirmative consent through electronic means with the court or the court's electronic filing service provider, and concurrently providing the party's electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent. (Code Civ. Proc. § 1010.6(c)(1)-(3).)
There is no evidence before the Court indicating that Rucker has consented to electronic service. The Court notes that Respondent's proof of service regarding electronic transmission refers only to California Code of Civil Procedure section 1010.6(b), which refers to electronic service on a person represented by counsel.
For the foregoing reasons, the motion is DROPPED. Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
Further, it is unclear to the Court from the motion and moving papers what the basis is for why
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 07/07/2025 Hearing on Motion to Compel Deposition of Tasha Belfils in Department 53
the discovery motion is properly before the Court. On October 1, 2024, the Court granted Respondent's Motion to Compel Arbitration. As noted in the Court's March 25, 2025 order, "[t]his matter has been ordered to binding arbitration and any discovery issue must be presented to the arbitrator."