AMERICAN MICROLOAN, LLC vs AZIZI LLC, et al.

25CV028706: AMERICAN MICROLOAN, LLC vs AZIZI LLC, et al. 05/28/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) 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.

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 Court’s 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

25CV028706: AMERICAN MICROLOAN, LLC vs AZIZI LLC, et al. 05/28/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 16D

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 Reporter’s 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. ***

TENTATIVE RULING: Petitioner American Microloan, LLC’s petition to confirm arbitration award is dropped for defective service.

Pursuant to Code of Civil Procedure § 1290.4(b)(1), where, as here, a party has yet to appear in the action, and the arbitration agreement does not provide the manner in which service of the petition and notice of the petition shall be made, the petition and the notice of hearing on the petition must be served in the manner of a summons. The proof of service for the hearing shows that Petitioner served Respondent Azizi LLC by substituted service pursuant to CCP § 415.20 on May 7, 2026. Service pursuant to that section is deemed complete the tenth day after mailing a copy of the summons and complaint.

Given that the proof of service reflects mailing of the summons and complaint, service would be deemed complete on May 17, 2026 which is only nine calendar days and eight Court days before this hearing. A petition must be “heard upon notice provided by law for the making and hearing of motions,” i.e., CCP § 1005(b)). (CCP § 1290.2.) Service of the petition in a manner which only provided eight Court days before the hearing does not comply with the notice requirements set forth in CCP § 1005(b).

Rather, pursuant to CCP § 1005(b) “all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” While CCP § 1290.2 also provides that the court may shorten time to “not less than 10 days’ notice,” Petitioner did not seek and receive any order shortening time and in any event, even if an order shortening time had been issued, Petitioner’s nine days’ notice would remain statutorily deficient in any event.

Defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV028706: AMERICAN MICROLOAN, LLC vs AZIZI LLC, et al. 05/28/2026 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 16D

Title Co. (1994) 28 Cal.App.4th 503, 509, 511.)

This minute order is effective immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required.