Motion to Compel Arbitration
26CV009330: JPMORGAN CHASE BANK, N.A. vs BADOY 06/10/2026 Hearing on Motion to Compel Arbitration 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:
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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 and requests a court reporter, the party must submit a Request for Court Reporter by a Party with
26CV009330: JPMORGAN CHASE BANK, N.A. vs BADOY 06/10/2026 Hearing on Motion to Compel Arbitration in Department 8D
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 WILL MOVE TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. MOTIONS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION*****
Defendant Jerome Badoys (Defendant) motion to compel arbitration is DROPPED for defective service.
Code of Civil Procedure section 1005 requires that moving papers are to be filed and served at least 16 court days before the hearing. The proof of service for the Notice of Motion and Motion to Compel Arbitration shows that Defendant served Plaintiff JPMorgan Chase Bank, N.A. by mail. Under Code of Civil Procedure section 1013, while service is complete at the time of deposit, five calendar days are added to the statutory notice period if a notice is served by mail. Given that Defendants proof of service shows Defendant mailed the moving papers on May 15, 2026, service was completed on May 20, 2026, which is fewer than 16 court days from the scheduled hearing date of June 10, 2026.
The Courts records do not show that either party obtained an order shortening time from this Court to allow the motion to be filed and heard in a manner other than as required by section 1005. The Court finds no good cause for shortening time. Defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) Petitioner may proceed by noticed motion to be heard pursuant to Code of Civil Procedure sections 1005.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)