Motion to Compel Arbitration
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 04/15/2026 Hearing on Motion to Compel Arbitration in Department 8D
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 8D, located at 500 G 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/j/16113421868 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.
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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
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 04/15/2026 Hearing on Motion to Compel Arbitration in Department 8D
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
***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 25 WILL BE HEARD IN DEPARTMENT 8D 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****
TENTATIVE RULING
Claimant Harold J. Rucker Jr.s (Claimant) Motion to Compel Arbitration is DROPPED for defective service.
Claimant filed the motion on April 1, 2026, which, counting backward from the date of hearing pursuant to Code of Civil Procedure section 1005, was only ten court days prior to hearing. Claimant served the motion on March 31, 2026, which is only eleven court days prior to hearing. Pursuant to Code of Civil Procedure section 1005(b), moving party was required to serve the moving papers 16 court days plus two additional calendar days for electronic service prior to the date of hearing. (Code Civ. Proc. §§ 1005(b); 1010.6(a)(3)(B).) Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
While Respondent CSAA Insurance Exchange submitted an Opposition to the Motion, the Court notes that the primary basis for the opposition is the lack of timely service. Specifically, Respondent asserts that Claimant may seek to rely on Code of Civil Procedure section 1290.2, relating to hearing date requirements for a Petition regarding arbitration. As such, the Court does not find that the filing of the Opposition waives the procedural defects regarding service.
The Court finds that section 1290.2 does not relate to the timely filing requirements for this pending motion. The Petition that initiated this action was filed on June 14, 2022. This Court has already ordered this matter to arbitration on October 1, 2024.
The Court notes that, to the extent it seeks to provide proof of service by U.S. Mail, Claimants further proof of service fails to comply with Code of Civil Procedure section 1013(b). The Court declines to consider Claimant's "supplemental declaration" filed on April 13, 2026.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00321738-CU-PT-GDS: Petition of CSAA Insurance Exchange 04/15/2026 Hearing on Motion to Compel Arbitration in Department 8D
This ruling is without prejudice to Claimant filing and serving a properly noticed motion.