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How To: Schedule a Law and Motion Hearing in Sacramento

This information is for Sacramento. If your case is in a different county, do not follow these instructions. Instead, call the clerk or visit the court website in your county to find the correct information .

Scheduling hearings for motions in Sacramento County Superior Court civil departments requires reserving a date with the court. Do this either by calling the clerk of the department where the motion will be heard, or by using Sacramento’s online reservation system.

You must make sure that the date you reserve gives you enough time to file the motion at least sixteen court (business) days before the hearing, and serve it by mail at least five calendar days before the filing deadline.

In practice, the first available date will probably be far enough away that the filing and service deadlines can be easily met.

Do make sure that you actually file and serve the motion by the deadlines — earlier is always acceptable.

Steps in Choosing and Reserving a Hearing Date

Determine the department and time of the motion.

Most motions are defined as “Law and Motion” matters, which are heard in Department 53 at 1:30 p.m. or Department 54 at 9:00 a.m., Tuesday-Thursday.

This tip applies only to Sacramento County Superior Court. If your case is in a different county, check with that court’s clerk or website for that county’s rules and procedures, which will be different.

Which department you are assigned to depends on when your case was filed.

Since about April 16, 2023, cases are assigned to a department when they were filed based on how busy the departments are. Your department is listed on the case’s entry in the court’s database, which is free to use.

Before about April 16, 2023, odd numbered cases were automatically assigned to Dept. 53, and even numbered cases to Dept. 54. (There are occasional exceptions, so if you’ve been assigned to one or the other in the past, use that one.)

A few types of motions are heard in other departments. Contact the clerk of the department to schedule hearings.

• The Presiding Judge (Dept. 47) hears all motions for consolidation, severance, bifurcation, intervention, pretrial conference, coordination, change of venue, or to advance or continue trial. Motions are only heard on Fridays at 9:30 a.m.
• Case Management Program (CMP) judges hear all case-management related motions in cases assigned to the Case Management Program (mostly unlimited civil cases). These include motions regarding judicial arbitration, redesignation of a case, for extension of time to answer a complaint, for relief from CMP rules, or any motion pertaining to the certificate for short cause matters. See Civil Case Management Program for more information on scheduling cases (the process changes frequently).
• If a judge has been assigned to a case for all purposes , that judge hears all motions for the case.
• Motions for reconsideration, motions regarding sanctions, and motions to tax costs are heard in the department that issued the underlying order, sanctions, or cost determination.
• The trial judge hears motions in limine (pretrial) and all motions after trial begins.

These assignments change from time to time, so check the “ Overview of Which Departments Hear Civil Matters ” page for a current list.

Reserve the date for the hearing

In Sacramento’s Departments 53 and 54, you must reserve a court date through the court’s online reservation system. In other departments, contact the clerk for instructions.

To use the online system, go to the Sacramento County Court’s Online Portal and choose “Reservation System (CRS).” You must have a free account on the system to use it.

Before you log on or call, figure out if there are any days you will not be available during the next couple of months. For instance, you don’t want to pick a date when you know you will be out of town.

You must choose a date far enough in the future that you can both file and serve your motion on time. Scheduling it four weeks in advance generally gives a comfortable margin for most types of motions. Usually, the first available date will be further away than that.

Determine the legal deadline to file the motion in court

Tip: The deadline is the last day you can file the motion. It’s recommended to file earlier if you can, to make sure it is received in plenty of time. Also, your reservation is not final until the motion has been filed and any fees paid.

The last legal day to file with the court is at least sixteen court (business) days prior to the motion date ( CCP § 1005 ). “Court days” are Monday through Friday, excluding court holidays. To determine whether a particular filing date will meet this deadline, start counting backwards on the day before your hearing until you reach the sixteenth court day. ( CCP § 12c )

For example, suppose your reservation is for Monday, June 18. You would start counting backward using the previous court day, Friday, June 15, as day one, as shown in the calendar below. Skip weekends and court holidays (there is one court holiday in this example, which is Memorial Day, May 28). The sixteenth court day before the hearing would be May 24, which would be the last day that the motion could be filed.

Holiday Heads-Up: The California courts are closed on several holidays that you may not expect, including Lincoln’s Birthday (Feb. 12); Cesar Chavez Day (March 31); Juneteenth (June 19); and Native American Day (third Friday in September).

Make a note on your calendar to file the motion by this date. Do not miss this deadline. The court will cancel the hearing and you will have to start over.

Determine the legal deadline to serve the motion on the other parties or their attorneys

You must have all other attorneys (or self-represented parties) served with a copy of the motion, then have the server fill out a Proof of Service which you file along with the motion. This means that someone over the age of 18 who is not a party in the case must either mail or personally deliver a copy of the motion and related documents to them. There is a strict deadline to do this (earlier is always fine).

Personal service: 16 court days before the hearing, the same as the minimum filing deadline. The server can fill out Proof of Personal Service—Civil (POS-020 ).

Service by mail: 16 court days before hearing PLUS five calendar days before the hearing (more if the mailing address is outside California). ( CCP § 1005 ). The server can fill out Proof of Service by First-Class Mail—Civil.

“Calendar days” include weekends and holidays, but if the final day lands on a weekend or holiday, it is pushed back to the previous court day. In the calendar example above, counting five calendar days back from the filing deadline results in a mail service deadline of Saturday, May 19, so the actual deadline is the prior court day, Friday May, 18.

Make a note on your calendar to have the motion served by mail before the deadline. If you miss the mail deadline, you can still have the motion served by personal service up until 16 court days before the hearing. If you miss that deadline, you will have to cancel your court date and start over.

This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.

Hon. Russell L. Hom, Ret.

• Professional Highlights
• Experience Summary
• Testimonials

Hon. Russell L. Hom, Ret. joined Judicate West after spending 20 years on the Sacramento County Superior Court. Prior to his retirement, Judge Hom served as the Presiding Judge of the Court during the COVID-19 pandemic and oversaw the closing and reopening of the Court. This required developing and implementing novel operations to ensure access to the civil justice system, including the widespread use of remote technology. During his tenure as a judge, Judge Hom presided over the civil trial assignment calendar, expedited civil trial program, civil and criminal jury and court trials, civil settlement conferences, approval of minor’s civil compromises, short cause civil trial calendar, law and motion, and complex civil matters. He has also managed coordinated civil cases falling under the Judicial Counsel Coordination Proceedings program. During his career, Judge Hom has handled a wide range of cases, including real property, premise liability, employment discrimination, workplace harassment, wrongful termination, personal injury, elder abuse, PAGA, wage and hour, contract disputes, and medical/dental malpractice. By appointment of the Chief Justice, Judge Hom has also served as a Special Master hearing disciplinary matters for the California Commission on Judicial Performance. He has been acknowledged for his ability and skill as a trial and settlement judge and his tenacity in settling difficult cases. An attorney who has been in his courtroom many times stated, “Judge Hom is an overall great judge. He is meticulous, smart, and always prepared.” Judge Hom has also been actively involved in judicial and legal education. He has presented on a wide range of topics, including judicial demeanor, evidence, civil/criminal procedure, and diversity issues. He has served on the faculty of the B.E. Witkin Judicial College, Supervising Judge’s Institute, Criminal Law Institute, Advance Judicial Institute, and Cow County Institute. Prior to his appointment to the bench, Judge Hom served as the Chair of the Human Rights/Fair Housing Commission for the City and County of Sacramento and was in private practice specializing in both civil and criminal litigation. Judge Hom’s philosophy as a neutral is “to approach each case as a problem solver with an eye towards facilitating dispute resolution by understanding the motivations of the litigants and their unique needs. It is essential that the process is respectful to the parties and their counsel.”

• All Types of Employment Disputes
• Business/Contractual
• Elder Abuse
• Medical Negligence
• Personal Injury including Premises Liability
• Real Estate

Judge Hom has been dedicated to promoting diversity and inclusivity in the legal profession and the judiciary throughout his legal career. He is committed to mentoring both law students and young legal professionals and developed the Sacramento Superior Court’s Judicial Extern Program and the Court’s New Judge Orientation Bootcamp. He enjoys teaching and has served as an instructor or panelist for numerous legal, education, and judicial entities. In his spare time, he enjoys travel and woodworking.

• Neutral, Judicate West (2022-Present)
• Judge, Sacramento Superior Court (2002-2022)
• Presiding Judge, Sacramento Superior Court (2020-2021)
• Principal, Law Offices of Russell L. Hom; Emphasis in civil and criminal litigation (1996-2002)
• Partner, Law Offices of Edson and Hom; Emphasis in civil and criminal litigation (1994-1996)
• Partner, Law Offices of Cohen and Hom; Emphasis in civil and criminal litigation (1984-1993)
• Deputy District Attorney, Sacramento County (1981-1984)
• J.D. University of California, Hastings College of the Law (1981)
• A.B. University of California, Berkeley (1978)
• California Commission on Judicial Performance, Special Master (2017-2019)
• Judicial Advisor to the Sacramento County Grand Jury (2012-2019)
• National Asian Pacific American Bar Association, Judicial Council (2003-Present)
• Anthony M. Kennedy Inn of Court, Judicial Master/Judicial Master Emeritus (2002-2011)
• California Asian Pacific American Judge’s Association; President (2007); Vice President (2006)
• Human Rights/Fair Housing Commission, City and County of Sacramento; Chair (2001-2002); Commissioner (1998-2001)
• Sacramento Asian/Pacific American Chamber of Commerce, Board Member and Legal Counsel (1996-1999)
• Judge of the Year-Sacramento County Bar Association (2021)
• Community Leadership Award-Asian State Employees Association Foundation (2021)
• Judge of the Year Award-Capitol City Trial Lawyer’s Association (2020)
• President’s Award-Asian Bar Association of Sacramento (2019)
• Community Services Award-Asian Resources (2007)
• Daniel K. Inouye Trailblazer Award-National Asian Pacific American Bar Association (2002)
• President’s Award-Sacramento Asian/Pacific Chamber of Commerce (1996)

Business/Commercial

Contractual.

• Property/Loan Dispute involving the application of the Home Owner’s Bill of Rights (HBOR).
• Commercial landlord tenant disputes.
• Breach of Contract involving business partnership dispute.
• Breach of Contract case involving performance of services, violations of the Prompt Payment Act, UCL and interference with contract performance.
• Property Dispute involving allegations of conversion.
• Breach of Contract involving defective home.
• Breach of Contract dispute involving performance of subcontractor under government contract.
• Attorney Fee Dispute.
• Lemon law action involving both the applicability of the Song Beverly Consumer Warranty Act and the California Legal Remedies Act.
• Lemon law action including allegations of fraudulent misrepresentation by manufacturer in the original marketing of the vehicle.

Wrongful Termination

• Wrongful Termination involving an alleged violation of the Peace Officer’s Bill of Rights (POBRA).
• Wrongful Termination involving government entity, failure to accommodate, and the application of the California Family Rights Act.
• Wrongful Termination involving racial discrimination, retaliation, and failure to prevent.
• Wrongful Termination involving California Whistleblower Protection Act.
• Misclassification of employment status involving whether franchise owners were employees or independent contractors.
• Wage and hour case involving coordination of multiple jurisdictions and preemption.
• Wage and hour case involving pre-certification discovery.
• Declaratory Relief action involving coverage under automobile insurance policy.
• Insurance bad faith action involving allegations of failure to cooperate.
• Worker’s Compensation Subrogation Claim.

Professional Malpractice

Medical malpractice.

• Dental Malpractice involving allegations of unfair competition and professional negligence.
• Medical Malpractice involving professional negligence, client abandonment and notice/statute of limitation issues.
• Auto Accident involving joint tortfeasors and Mary Carter Agreement.
• Common Carrier liability involving personal injury on public transportation.

Premises Liability

• Premises Liability of a landlord for intentional acts of third parties.

Updates to the Local Rules and Assignments for Sacramento County Superior Court

Updates to the local rules for the Superior Court of California, County of Sacramento , went into effect on January 1, 2014.  A “ redlined” version of the rules can be found here , noting all changes that went into effect earlier this week. In addition, new judicial assignments to Civil Cases went into effect.  Effective January 1, 2014 (unless otherwise noted), the following Civil judicial assignments take effect:

Governor Newsom Announces Judicial Appointments 11.29.21

Published: Nov 29, 2021

SACRAMENTO – Governor Gavin Newsom today announced his nomination of Judge Laurie M. Earl as Associate Justice of the Third District Court of Appeal. The Governor also announced his appointment of 11 Superior Court Judges, which include one in Alameda County; one in Kings County; three in Los Angeles County; one in Merced County; one in Modoc County; one in Nevada County; two in Sacramento County; and one in Tulare County.

Third District Court of Appeal

Judge Laurie M. Earl, 60, of Sacramento, has been nominated to serve as an Associate Justice of the Third District Court of Appeal. She has served as a Judge in the Sacramento County Superior Court since 2005. Judge Earl was Senior Assistant Inspector General at the Sacramento County Office of Inspector General from 2004 to 2005 and a Deputy District Attorney at the Sacramento County District Attorney’s Office from 1995 to 2004. She served as an Assistant Public Defender at the Sacramento County Public Defender’s Office from 1989 to 1995. Judge Earl earned a Juris Doctor degree from the Lincoln Law School of Sacramento. She fills the vacancy created by the retirement of Justice M. Kathleen Butz. This position requires the completion of a review by the State Bar’s Commission on Judicial Nominees Evaluation and confirmation by the Commission on Judicial Appointments. The Commission consists of Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Senior Presiding Justice Vance W. Raye. Judge Earl is a Democrat.

The compensation for this position is $256,138.

Alameda County Superior Court

Peter E. Borkon, 50, of San Francisco, has been appointed to serve as a Judge in the Alameda County Superior Court. Borkon has been a Partner at Bleichmar Fonti & Auld LLP since 2019. He was a Partner and Associate at Hagens Berman Sobol Shapiro LLP from 2007 to 2018 and an Associate at Schubert & Reed LLP from 2005 to 2007. Borkon was an Adjunct Professor at the University of California, Hastings College of the Law from 2006 to 2009 and Principal at Cotchett, Pitre, Simon & McCarthy from 2001 to 2005. He served as Senior Motions Attorney at the U.S. Court of Appeals for the Ninth Circuit from 1999 to 2001, where he was a Civil Research Attorney from 1998 to 1999. Borkon served as a Law Clerk for the Honorable J. Phil Gilbert at the U.S. District Court for the Southern District of Illinois from 1996 to 1998. He earned a Juris Doctor degree from Southern Illinois University Law School. He fills the vacancy created by the retirement of Judge Patrick J. Zika. Borkon is registered without party preference.

Kings County Superior Court

Melissa R. D’Morias, 36, of Hanford, has been appointed to serve as a Judge in the Kings County Superior Court. D’Morias has served as a Deputy District Attorney for the Kings County District Attorney’s Office since 2013. She was an Attorney at Fresno Child Advocates from 2011 to 2013. She earned a Juris Doctor degree from Whittier Law School. She fills the vacancy of a new position created on September 24, 2019. D’Morias is a Democrat.

Los Angeles County Superior Court

Donald A. Buddle Jr., 42, of Santa Clarita, has been appointed to serve as a Judge in the Los Angeles County Superior Court. Buddle has served as a Deputy Public Defender at the Los Angeles County Public Defender’s Office since 2007. He earned a Juris Doctor degree from Whittier Law School. He fills the vacancy created by the retirement of Judge Michael A. Tynan. Buddle is a Democrat.

Edwin P. Chau, 64, of Arcadia, has been appointed to serve as a Judge in the Los Angeles County Superior Court. Chau has served as a State Assemblymember representing the 49th Assembly District since his election in 2012. He was a Sole Practitioner from 1994 to 2012 and served as a Montebello Unified School District Board Member from 2000 to 2012. Chau earned a Juris Doctor degree from the Southwestern University School of Law. He fills the vacancy created by the retirement of Judge Robert J. Perry. Chau is a Democrat.

Patricia A. Young, 42, of Los Angeles, has been appointed to serve as a Judge in the Los Angeles County Superior Court. Young has been a Supervising Deputy Federal Public Defender at the Office of the Federal Public Defender, Central District of California since 2014, where she has served as a Deputy Federal Public Defender since 2009. Young was an Associate at Latham & Watkins LLP from 2005 to 2009. She served as a Law Clerk for the Honorable Keith P. Ellison at the U.S. District Court for the Southern District of Texas from 2004 to 2005. Young earned a Juris Doctor degree from Stanford Law School. She fills the vacancy created by the retirement of Judge Ramona G. See. Young is a Democrat.

Merced County Superior Court

Stephanie L. Jamieson, 37, of Patterson, has been appointed to serve as a Judge in the Merced County Superior Court. Jamieson has served as a Deputy Public Defender at the Merced County Public Defender’s Office since 2013. She was a Sole Practitioner from 2011 to 2012 and an Independent contractor at the Law Office of Victor Vertner from 2011 to 2012. Jamieson earned a Master of Laws degree from the California Western School of Law and a Juris Doctor degree from the Santa Clara University School of Law. She fills the vacancy of a new position created on September 24, 2019. Jamieson is a Democrat.

Modoc County Superior Court

Wendy J. Dier, 53, of Alturas, has been appointed to serve as a Judge in the Modoc County Superior Court. Dier has been a Sole Practitioner since 1995 and has worked on contract in various positions, including with the Modoc County Superior Court, Modoc County District Attorney’s Office and Modoc County Department of Social Services. She earned a Juris Doctor degree from the University of Oregon School of Law. Dier fills the vacancy created by the retirement of Judge David A. Mason. She is a Democrat.

Nevada County Superior Court

Judge Yvette Durant, 56, of Truckee, has been appointed to serve as a Judge in the Nevada County Superior Court. She has served as a Judge in the Sierra County Superior Court since 2016. Judge Durant served as a Commissioner at the Nevada County Superior Court from 2011 to 2016. She was a Sole Practitioner from 1999 to 2011 and an Associate at Tonon and Associates in 1999. Judge Durant was an Associate at Ashbaugh Beal from 1991 to 1993. She earned a Juris Doctor degree from the University of Washington School of Law. She fills the vacancy created by the retirement of Judge Robert L. Tamietti. Judge Durant is registered without party preference.

Sacramento County Superior Court

Andre K. Campbell, 61, of Carmichael, has been appointed to serve as a Judge in the Sacramento County Superior Court. Campbell has been a Partner at Hanson Bridgett LLP since 2010. He was an Associate and Partner at McDonough, Holland & Allen PC from 1996 to 2010. Campbell served as a commissioned officer in the Air Force from 1981 to 1996, attaining the rank of Major. He earned a Juris Doctor degree from Loyola Law School and a Master of Science degree from Rensselaer Polytechnic Institute. He fills the vacancy created by the retirement of Judge Jamie R. Roman. Campbell is a Democrat.

Allison M. Williams, 40, of Elk Grove, has been appointed to serve as a Judge in the Sacramento County Superior Court. Williams has served as a Criminal Attorney at the Sacramento County Public Defender’s Office since 2006. She was an Adjunct Lecturer at the University of the Pacific, McGeorge School of Law from 2011 to 2012. Williams earned a Juris Doctor degree from the Western Michigan University Thomas M. Cooley Law School. She will fill the vacancy created by the retirement of Judge Emily Vasquez effective January 26, 2022. Williams is a Democrat.

Tulare County Superior Court

Sylvia J. Hanna, 44, of Tulare, has been appointed to serve as a Judge in the Tulare County Superior Court. Hanna has served as Chief Deputy Public Defender at the Tulare County Office of the Public Defender since 2019, where she has held several positions since 2004, including Senior Attorney and Supervising Attorney. She served as a Law Clerk at the Fresno County Public Defender’s Office in 2003. Hanna earned a Juris Doctor degree from Notre Dame Law School. She fills the vacancy created by the retirement of Judge Kathryn T. Montejano. Hanna is a Democrat.

The compensation for each of these positions is $223,829.