Motion to Compel Verified Responses to Request for Production of Documents, Set One
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24CV008474: ARG OPERATIONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ANTONIO, et al. 05/14/2026 Hearing on Motion to Compel Verified Responses to Request for Production of Documents, Set One in Department 16D
Tentative Ruling
NOTICE:
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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.
24CV008474: ARG OPERATIONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ANTONIO, et al. 05/14/2026 Hearing on Motion to Compel Verified Responses to Request for Production of Documents, Set One in Department 16D
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 will forward the form to the Court Reporters 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: Plaintiff ARG Operations, LLCs unopposed motion to compel Defendant Monina Antonios responses to request for production (set one) is granted.
No opposition to the motion was filed. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
No later than May 28, 2026, Defendant Monina Antonio shall serve verified responses, without objections, to Plaintiffs request for production (set one) as requested in the moving papers.
Plaintiffs request for sanctions is denied as the motion was unopposed. Although California Rules of Court, Rule 3.1348 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the C.R.C. must conform to the conditions of one or more of the statutes authorizing sanctions. (Trans- Action Commercial Investors, Ltd. v. Firmaterr, Inc. (1997) 60 Cal.App.4th 352, 355.) However, repeated conduct of failing to comply with discovery obligations may lead the Court to find an abuse of the discovery process and award sanctions on that basis. (Laguna Auto Body v. Farmers Insurance Exchange (1991) 231 Cal. App. 3d 481.)
Notably, while CCP § 2023.010 sets forth an example of a misuse of the discovery process, CCP § 2023.010 does not authorize sanctions on its own. CCP § 2023.030 sets forth available
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV008474: ARG OPERATIONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ANTONIO, et al. 05/14/2026 Hearing on Motion to Compel Verified Responses to Request for Production of Documents, Set One in Department 16D
sanctions for misuse of discovery. CCP § 2023.030(a) states that the Court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct. The Court simply notes that CCP § 2023.030(a) states that the Court 'may' impose sanctions for a misuse of the discovery process to the extent authorized by the chapter governing any particular discovery method or any other provision of this title, but that the more specific statute governing the instant motion, CCP § 2031.300 only permits sanctions if the motion was made or opposed without substantial justification.
Plaintiff also cites to CCP § 2023.050(a) as a basis for sanctions. That section provides: (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, 2020.510, or 2025.210, or to an inspection demand made pursuant to Section 2031.010. (2) The party, person, or attorney produced requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450, 2025.480, or 2031.320 that is filed by the requesting party as a result of the other partys, persons, or attorneys failure to respond in good faith. (3) The party, person, or attorney failed to confer in person, by telephone, letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request. (CCP § 2023.050(a).)
CCP § 2023.050 also provides that the Court may excuse sanctions if the Court finds that the person subject to the sanction acted with substantial justification or circumstances make the imposition of sanctions unjust. Here, the Court finds that the imposition of sanctions pursuant to CCP § 2023.050(a) would be unjust.
To the extent Plaintiff seeks to compel Defendant to produce documents through this same motion, the Court finds that the motion is premature. First, Defendant did not indicate in the notice of motion that it was seeking to compel compliance pursuant to CCP § 2031.320. Second, given that the Court has now ruled upon Plaintiffs motion to compel responses, Defendant must first provide verified responses in light of the Courts rulings. A motion to compel production is only proper where a party has agreed to produce documents but has failed to do so in compliance with its statement. (CCP § 2031.320(a).)
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.