Motion to Compel Responses to Special Interrogatories Set One
24CV000150: HALL, et al. vs BIANCHI ESTATES LLC, et al. 05/07/2025 Hearing on Motion to Compel Responses to Special Interrogatories Set One in Department 53
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 25, located at 720 9th Street, Sacramento, CA, the Hon. Julie G. Yap presiding. Should argument be requested by either party, the requesting party 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, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
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.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing.
The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:
https://saccourt-ca-gov.zoomgov.com/my/sscdept25
SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868
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.
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24CV000150: HALL, et al. vs BIANCHI ESTATES LLC, et al. 05/07/2025 Hearing on Motion to Compel Responses to Special Interrogatories Set One in Department 53
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 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 will be forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
This matter was continued from April 16, 2025 to allow Defendants to serve Plaintiffs by mail to ensure service of the motion on Plaintiffs. The Court permitted Plaintiffs to file and serve an opposition to the motion by no later than April 30, 2025 if they contend that the motion or the underlying discovery was not properly served. Plaintiffs did not file an opposition.
Defendants Bianchi Estates, LLC, Lucienne Bianchi, Lindi Cano and Nicole Scotts (Defendants) motion to compel Plaintiffs Brittney Hall, Michael Lyon, and Michael Neddermans (Plaintiffs) initial responses to Defendants special interrogatories, set one, is UNOPPOSED and GRANTED.
On June 27, 2024, Defendants served their first set of special interrogatories on Plaintiffs. (Declaration of Lindsey Goulding, ¶2.) Plaintiffs responses were due on or before July 29, 2024. (Id., ¶3.) On August 10, 2024 and September 26, 2024, Defendants counsel sent Plaintiffs counsel a meet and confer letters. (Id., ¶5.) As of the date of the declaration, Plaintiffs has not responded to the discovery or Defendants meet and confer attempts. (Id., ¶6.)
The motion is GRANTED. A partys failure to oppose a motion is construed as a
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV000150: HALL, et al. vs BIANCHI ESTATES LLC, et al. 05/07/2025 Hearing on Motion to Compel Responses to Special Interrogatories Set One in Department 53
concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
Defendants did not request sanctions.
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.)