Motion to Compel Responses to Form Interrogatories (Set Two) and Special Interrogatories (Set Two); Request for Order Shortening Time
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23PR001873: ESTATE OF: JOSEPH FRANK SIMONI 03/18/2026 Hearing on Motion - Other Motion to Compel in Department 129
Tentative Ruling
NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES (SET TWO) AND SPECIAL INTERROGATORIES (SET TWO) FROM RESPONDENT LINDA SIMONI; REQUEST FOR ORDER SHORTENING TIME MOTION FILED: 11/17/2025 RE: Estate of Joseph Frank Simoni
MOVING PARTY: David Gold, Petitioner Attorney: Melissa Yoest
RESPONDING PARTIES: NA.
NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the courts website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.
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 129 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept129 and the Zoom Meeting ID is 161 3352 9231. 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
23PR001873: ESTATE OF: JOSEPH FRANK SIMONI 03/18/2026 Hearing on Motion - Other Motion to Compel in Department 129
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 forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING Petitioner David Golds unopposed motion to compel discovery responses is GRANTED as follows.
Petitioner filed a motion on 11/3/2025 compelling responses to form interrogatories and special interrogatories from Respondent Linda Simoni.
Oppositions are due nine court days before the hearing. (Code Civ. Proc., § 1005(b).) No opposition has been filed. The Court construes the failure to oppose the motion as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion it is assumed that [nonmoving party] concedes that ground].)
To the extent that the motion seeks an order shortening time due to the November 10, 2025 trial date, that request is denied as moot. The trial date has been continued to March 23, 2026.
The motion to compel is GRANTED. Respondent Linda Simoni must respond to the discovery requests no later than April 8, 2026.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)
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