Motion for Judgment on the Pleadings
34-2023-00333411-CL-CL-GDS: OneMain Financial Group LLC vs. Muhamad H Samad 07/03/2025 Hearing on Motion for Judgment on the Pleadings 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:
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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 or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk
34-2023-00333411-CL-CL-GDS: OneMain Financial Group LLC vs. Muhamad H Samad 07/03/2025 Hearing on Motion for Judgment on the Pleadings in Department 53
will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
Moving party has stated the incorrect address for the hearing in its Notice of Motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Moving party shall notify opposing party immediately.
Plaintiff OneMain Financial Groups motion for judgment on the pleadings is DROPPED for defective service.
The proof of service filed in connection with the motion states that Defendant Muhamad H Samad (Defendant) was served with the moving papers by mail at his personal mailing address. (Decl. of Service, Jan. 17, 2025.) However, according to the Register of Actions, Defendant remains represented by counsel since the filing of his answer on July 26, 2023. Since such date, there is no substitution of counsel in the Courts file reflecting that he now represents himself such that he may be served directly. [I]n all cases where a party has an attorney in the action . . ., the service of papers, when required, must be upon the attorney instead of the party, except in limited circumstances, which are not present here. (Code Civ. Proc., § 1015.) Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
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.)