Default Prove Up Hearing
34-2021-00292613-CU-FR-GDS: Bahman M. Nazari, as assignee of Xena Enterprises Inc vs. The McClatchy Company 07/29/2025 Default Prove Up Hearing in Department 53
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 53/54 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept53.54 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.
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
34-2021-00292613-CU-FR-GDS: Bahman M. Nazari, as assignee of Xena Enterprises Inc vs. The McClatchy Company 07/29/2025 Default Prove Up Hearing in Department 53
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 matter is dropped from calendar.
In furtherance of its power to control its calendar, the court processes requests for default judgment through the court's Default Judgment Unit, pursuant to Code of Civil Procedure Section 585 and California Rule of Court 3.1800. Plaintiff must submit a request through the Default Judgment Unit.
In seeking default judgment, Plaintiff shall submit a default prove up package to the Default Judgment Unit. The only exception to such process is where the operative pleading upon which default is sought includes a cause of action for quiet title, which is not the case here. If after submitting an application to the Default Judgment Unit, is the Court determines that personal testimony or a live hearing is otherwise required, Plaintiff will be then notified to set the matter on calendar. (See Local Rule 2.34(B).) Otherwise, the default judgment package will be ruled upon on the papers. In this instance, Plaintiff failed to submit a default prove up package to the Default Judgment Unit and the Court has at no prior time directed Plaintiff to set this matter for hearing.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.