motion for right to attach lien order pursuant to Article 3 § 491.410 and Article 5 § 708.410
25CV005100: FREGIA vs CONTRA COSTA COUNTY SUPERIOR COURT, et al. 06/11/2026 Hearing on Motion - Other for the Right to Attach Lien Order in Department 16C
Tentative Ruling
NOTICE:
Please take notice, Department 54 has moved to Department 16C at the Tani G. Cantil-Sakauye Courthouse. The new courthouse is located at 500 G Street, Sacramento, CA 95814.
TENTATIVE RULING:
This matter was continued from May 28, 2026, to today's date pursuant to the Court's procedures for self-represented incarcerated parties. The Court's tentative ruling is republished below.
The Litigation Coordinator shall make Plaintiff Mark Fregia available, by Zoom telephonically, at 9:00 a.m. to participate in oral argument.
To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom ID: 16030877014.
Pro Per Plaintiff Mark Fregias (Plaintiff) motion for right to attach lien order pursuant to Article 3 § 491.410 and Article 5 § 708.410 is DROPPED for defective service.
The proof of service filed with the motion shows that it was served only on the Sacramento Superior Court. It does not appear that Plaintiff has served the named defendants, Contra Costa Superior Court and Judge Mary Ann OMalley, with the motion.[1] Additionally, California Rules of Court, rule 3.1112(a) requires that a motion must include a notice of hearing, the motion itself, and a memorandum of points and authorities. A notice of hearing must state, among others, [t]he date, time, and location, if ascertainable, of any scheduled hearing and the name of the hearing judge, if ascertainable. (Cal. Rules of Court, rule 3.1110(b)(1).) Plaintiff failed to file and serve a notice of motion with todays hearing date. As a result, the defendants would not have received sufficient notice of todays hearing date even if the motion had been properly served.
Defective notice deprives the Court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509
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Accordingly, Plaintiffs motion is DROPPED.
25CV005100: FREGIA vs CONTRA COSTA COUNTY SUPERIOR COURT, et al. 06/11/2026 Hearing on Motion - Other for the Right to Attach Lien Order in Department 16C
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.)
[1] Plaintiff has also failed to file proof of service of the summons and complaint.
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 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014. 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.
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV005100: FREGIA vs CONTRA COSTA COUNTY SUPERIOR COURT, et al. 06/11/2026 Hearing on Motion - Other for the Right to Attach Lien Order in Department 16C
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 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.