Motion to Compel Responses to Special Interrogatories
24CV015342: BURCH vs VINCE'S MOTEL, et al. 07/13/2026 Hearing on Motion to Compel Responses to Special Interrogatories in Department 8D
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that effective April 13, 2026, this department has moved to the Tani G. Cantil-Sakauye courthouse located at 500 G Street in Sacramento, CA 95814. All hearings noticed for Department 25 will be heard in Department 8D of the new courthouse. Parties who wish to contest the tentative ruling below must: (1) request a hearing by calling the Department 8D Oral Argument Request Line at (916) 874-7719 no later than 4:00 p.m. on the Court day before the scheduled CMC, and (2) advise opposing counsel of the request.
If a hearing is not requested by 4:00 p.m. on the Court day before the scheduled CMC, the tentative ruling shall become 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. If a hearing is requested, the Court assumes that all parties will appear remotely via Zoom unless the Court orders inperson attendance.
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/j/16113421868 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.
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.
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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
24CV015342: BURCH vs VINCE'S MOTEL, et al. 07/13/2026 Hearing on Motion to Compel Responses to Special Interrogatories in Department 8D
TENTATIVE RULING
Defendants Notice of Motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06(D). Defendants counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure. If Defendants counsel is unable to contact opposing counsel prior to the hearing, Defendants counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to todays tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).
Defendant Vince's Motel, Inc.s (Defendant) Motion to Compel Responses to Special Interrogatories from Plaintiff Tybyu Burch (Plaintiff) is UNOPPOSED and GRANTED, as follows.
Defendant served the at issue discovery requests on October 21, 2025. (Bussman Decl., ¶ 4.) On November 24, 2025, after Plaintiffs counsel denied receiving the initial requests, Defendant re-served the same requests, and the Parties agreed that responses would be due on December 24, 2025. (Bussman Decl. ¶ 6.) Defendant granted to extensions to respond, with responses ultimately due on January 16, 2026. (Bussman Decl. ¶ 6.) Plaintiff failed to respond in any form. (Bussman Decl., ¶ 7.)
Plaintiff does not oppose the motion. A party's 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.)
Defendants motion to compel is GRANTED. Plaintiff shall serve verified responses, without objections, to special interrogatories, set one, by July 27, 2026.
Because the motion is unopposed, Defendants request for monetary sanctions is DENIED. Although California Rules of Court, Rule 3.1348(a) 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. (See Code Civ. Proc. §§ 2030.300(d), 2031.310(h), and 2033.290(d).) Any order imposing sanctions under the California Rules of Court 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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV015342: BURCH vs VINCE'S MOTEL, et al. 07/13/2026 Hearing on Motion to Compel Responses to Special Interrogatories in Department 8D
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.)
Defendant shall serve notice of this order on Plaintiff and file proof of service within five days of this order.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.