Motion to Compel Responses to Case Questionnaire
25CV000864: AUSSIEKER vs CMS, INC, et al. 06/10/2026 Hearing on Motion to Compel Responses to Case Questionnaire in Department 8D
Tentative Ruling
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 8D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16113421868 and the Zoom Meeting ID is 161 1342 1868. 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.
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?”
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.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver
25CV000864: AUSSIEKER vs CMS, INC, et al. 06/10/2026 Hearing on Motion to Compel Responses to Case Questionnaire in Department 8D
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 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***
This matter comes before the Court on the pending motion of Plaintiff in pro per Mark Aussieker (Plaintiff) to compel defendant Homes Panorama LLCs (Homes Panorama) responses to Judicial Council Form DISC-010 (Case QuestionnaireFor Limited Civil Cases. In accordance with the Courts Order, Plaintiff filed a Notice pursuant to California Code of Civil Procedure section 286 and filed Proof of Service on both Homes Panorama and Counsel of Record for Homes Panorama.
Based on the Notice and attached supporting documents, the Court concurrently issues an Order to Show Cause regarding why Homes Panoramas Counsel of Record, Reshma Kamath, should not be stricken as Counsel of Record based on the ineligibility to practice law to be heard on July 8, 2026 at 1:30 p.m. in Department 8D.
The Court continues this matter to July 8, 2026, at 1:30 p.m. to be heard concurrently with the Order to Show Cause.
The Court notes that it appears that Homes Panorama is a corporate or other legal business entity. It is well settled that a corporation cannot represent itself in court, either in propria persona or through an officer or agent who is not an attorney. (Merco Const. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729 quoting Vann v. Shileh (1975) 54 Cal.App.3d 192, 199.) Further, a pleading signed by an agent of a corporation who is not a licensed attorney is subject to a motion to strike. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141.) A court may strike such a pleading at any time in its discretion. (See ibid.; Code Civ. Proc., § 436.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV000864: AUSSIEKER vs CMS, INC, et al. 06/10/2026 Hearing on Motion to Compel Responses to Case Questionnaire in Department 8D
Homes Panorama is advised that failure to appear in this action through licensed counsel who is currently eligible to practice law in this state may result in further prosecution of this action in their absence, up to and including potential judgment or default judgment.