Motion to Compel Responses to Demand for Production of Documents, Set One
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24CV009122: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION vs JEFFREY PANG & COMPANY, INC., A CALIFORNIA CORPORATION, et al. 07/16/2026 Hearing on Motion to Compel Responses to Demand for Production of Documents, Set One in Department 16D
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Department 16D Oral Argument Request Line at (916) 874-3056 by 4:00 p.m. the court day before the hearing and advise opposing counsel. 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.
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 16D Zoom Link is https://saccourt-cagov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. 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 on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-servicestranscripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available
24CV009122: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION vs JEFFREY PANG & COMPANY, INC., A CALIFORNIA CORPORATION, et al. 07/16/2026 Hearing on Motion to Compel Responses to Demand for Production of Documents, Set One in Department 16D
at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
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 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:
Defendant and Cross-Complainant Jeffrey Pang & Company, Inc.s (JPC) motion to compel Defendant and Cross-Defendant Bruce Mintzers (Mintzer) responses to request for production is granted.
This is an interpleader action which was initiated Plaintiff Chicago Title Company. Plaintiff contended that there was a dispute as to $100,000 between JPC and Mintzer. An interpleader action is traditionally viewed as two suits: one between the stakeholder and the claimants to determine the stakeholder's right to interplead, and the other among the claimants to determine who shall receive the funds interpleaded. [citations omitted] As against the stakeholder, claimants may raise only matters which go to whether the suit is properly one for interpleader,
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV009122: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION vs JEFFREY PANG & COMPANY, INC., A CALIFORNIA CORPORATION, et al. 07/16/2026 Hearing on Motion to Compel Responses to Demand for Production of Documents, Set One in Department 16D
i.e., whether the elements of an interpleader action are present. (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 612-613.) Once any disputed funds have been interpled, the action proceed[s] for the determination of the rights of the various claimaints to the property which is then in the custody of the court. (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1119, 1126-1127 [citation omitted].) Plaintiff deposited $100,000 with the Court and on October 12, 2025, was discharged from liability and dismissed from the action on October 10, 2025. This left the matter to proceed between JPC and Mintzer with respect to the interpled funds.
Mintzers default was entered on JPCs cross-complaint on December 31, 2025. Mintzers motion to set aside the default was denied on May 7, 2026. The parties have since stipulated to set aside Mintzers default and the Court entered an order approving the stipulation on June 26, 2026.
While the Courts original tentative ruling for June 4, 2026, indicated that the motion would be denied because Mintzer was in default with respect to JPCs cross-complaint, at oral argument, JPC argued that the subject discovery was not limited to the cross-complaint and that Mintzers default was not entered as to the original interpleader complaint. The Court vacated the tentative ruling and continued the matter to this date. Moreover, as indicated above, since that time, Mintzers default as to the cross-complaint has been set aside.
Here, JPC served the subject requests for production by mail on October 14, 2025. Mintzers responses were therefore due on November 18, 2025. There is no dispute that Mintzer did not serve any responses. Indeed, while Mintzer opposes the motion, he confirms that he still has not served any responses. Rather he contends that various circumstances prevented him from timely responding. Specifically, he contends that JPCs cross-complaint was improperly served, JPCs counsel was busy, JPCs counsels father was unwell, and more. Mintzer also contends that JPC failed to grant a reasonable extension to provide responses. However, Mintzers counsel never contacted JPCs counsel until after the responses were due. (Hartnett Reply Decl. ¶ 3.)
Mintzer requests that he be granted time to file responses with objections. Where, as here, responses are not timely served, [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). (CCP § 2031.300(a).) Thus, Mintzer has waived all objections. To the extent that
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV009122: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION vs JEFFREY PANG & COMPANY, INC., A CALIFORNIA CORPORATION, et al. 07/16/2026 Hearing on Motion to Compel Responses to Demand for Production of Documents, Set One in Department 16D
Mintzers opposition requests relief from waiver, that request is denied. Relief from any waiver may only be granted on motion, not based on an opposition. (CCP § 2031.300(a) [emphasis added].) A leading treatise also provides, A noticed motion for relief from waiver is required. (I.e., such relief cannot be granted ex parte, or where the only motion pending is a motion to compel. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2024) ¶ 8:1033, emphasis in original.) Mintzer has not filed a motion for relief from waiver. Thus, Minzters request for relief from waiver is denied without prejudice to filing a noticed motion seeking such relief.
No later than July 30, 2026, Mintzer shall serve verified responses, without objections, to JPCs request for production (set one).
JPCs request for sanctions is denied as the Court finds that sanctions would be unjust under the circumstances.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.
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