Motion for ADR Proceedings and Appointment of Counsel
25CV010288: BENNETT vs SHAUN SPILLANE, OF OFFICE OF THE INSPECTOR GENERAL 06/11/2026 Hearing on Motion - Other for ADR Proceedings and Appointment of Counsel in Department 16D
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 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. 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.
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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.
25CV010288: BENNETT vs SHAUN SPILLANE, OF OFFICE OF THE INSPECTOR GENERAL 06/11/2026 Hearing on Motion - Other for ADR Proceedings and Appointment of Counsel in Department 16D
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.
*** 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 53 WILL BE HEARD IN DEPARTMENT 16D 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. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
NOTICE: This Court has adopted certain procedures for hearings involving self-represented parties who are incarcerated, whereby the hearing date is automatically continued to a later date in order to permit the incarcerated party to appear for the hearing by Zoom after delivery of the Court's tentative ruling. However, because this matter is being dropped from the calendar due to defective service and the Courts lack of jurisdiction as explained below, this matter shall not automatically be set for a continued hearing and an appearance by the incarcerated party beyond the filed papers. Instead, the tentative ruling set forth below shall be the final order of the Court regarding this matter.
***The Clerk shall serve a copy of this ruling on plaintiff in the ordinary course.***
TENTATIVE RULING: Self-represented Plaintiff David Bennetts unopposed motion for ADR Proceedings and ADR Information Pak [sic] and Appointment of Counsel is dropped for defective service.
There is no proof of service of the instant motion in the Courts file showing that Plaintiff served Defendant Shaun Spillane with the instant motion. Defective service deprives the court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.) Further, Plaintiff may not cure this defect by filing any amended proof of service (assuming Plaintiff had served Defendant) given that no proof of service for this motion can be filed at this late juncture. (CRC Rule 3.1300(c) [[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing].)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV010288: BENNETT vs SHAUN SPILLANE, OF OFFICE OF THE INSPECTOR GENERAL 06/11/2026 Hearing on Motion - Other for ADR Proceedings and Appointment of Counsel in Department 16D
The Clerk is directed to serve a copy of this order on Plaintiff and Defendant.
This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.