Motion to Compel Responses to Case Questionnaire
25CV000864: AUSSIEKER vs CMS, INC, et al. 03/09/2026 Hearing on Motion to Compel Responses to Case Questionnaire in Department 25
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 25 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept25 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. 03/09/2026 Hearing on Motion to Compel Responses to Case Questionnaire in Department 25
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.
TENTATIVE RULING:
The motion of Plaintiff in pro per Mark Aussieker (Plaintiff) to compel Defendant Homes Panorama LLC (Homes Panorama) responses to Judicial Council Form DISC- 010 (Case QuestionnaireFor Limited Civil Cases) is DROPPED due to defective service.
While corresponding proof of service indicates that Homes Panorama was served with this motion, there is no indication that counsel for Homes Panorama was served with this motion, despite Homes Panorama being represented. (See, e.g., Def.s Motions to Quash, filed 3/19/25, 9/25/25.)
Pursuant to Code of Civil Procedure section 1015, in all cases where a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except service of subpoenas, of writs, and other process issued in the suit, and of papers to bring the party into contempt. Similarly, California Rules of Court, rule 1.21, also provides that [w]henever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented.
Defective notice deprives the court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503.)
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules Court, rule 3.1312.)