Motion to deem requests for admission admitted; Motion to compel further responses; Motion to compel responses to form interrogatories; Motion to compel responses to special interrogatories; Motion to compel responses to requests for production
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210
DATE: July 28, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, you must call (408) 808-6856 before 4:00 P.M. You must also contact the other side before 4:00 P.M. to inform them that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)
**Please specify the issue to be contested when calling the Court and counsel**
9:00 A.M. LINE # CASE # CASE TITLE RULING Line 1 25CV475988 Emory Street Click LINE 1 or scroll down for ruling. Partners, LLC v. Dana Hendricks et al. Line 2 25CV475988 Emory Street Click LINE 1 or scroll down for ruling. Partners, LLC v. Dana Hendricks et al. Line 4 25CV475988 Emory Street Click LINE 1 or scroll down for ruling. Partners, LLC v. Dana Hendricks et al. Line 5 25CV475988 Emory Street Click LINE 1 or scroll down for ruling. Partners, LLC v. Dana Hendricks et al. Line 6 25CV475988 Emory Street Click LINE 1 or scroll down for ruling. Partners, LLC v. Dana Hendricks et al. Line 7 25CV475988 Emory Street Click LINE 1 or scroll down for ruling. Partners, LLC v. Dana Hendricks et al.
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210
DATE: July 28, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, you must call (408) 808-6856 before 4:00 P.M. You must also contact the other side before 4:00 P.M. to inform them that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)
**Please specify the issue to be contested when calling the Court and counsel**
Line 8 25CV475988 Emory Street Click LINE 1 or scroll down for ruling. Partners, LLC v. Dana Hendricks et al. Line 9 26CV496685 Chien-Ju Lo et Click LINE 2 or scroll down for ruling. al. v. Ping Chen et al.
Calendar Lines 1 through 8 Case Name: Emory Street Partners, LLC v. Dana Hendricks et al. Case No.: 25CV475988
At issue are seven discovery motions filed by plaintiff Emory Street Partners, LLC. Four seek discovery from defendant Vermont Street Partners, LLC. Three seek discovery from defendant Dana Hendricks. The motions were filed in February and early March 2026. They were specially set by order on ex parte application for this court’s dark week so that they could be heard together. Notice is proper. No timely opposition was filed as to any of the motions. The court’s May 2026 order on a different discovery motion admonished the parties that it “will not consider filings that do not comply with applicable Code of Civil Procedure filing deadlines. (See
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Preliminary Procedural Issues
Court defaults were entered against defendants Dana Hendricks and Vermont Street Partners, LLC, on July 1, 2026. The first amended complaint was filed on January 29, 2026. Proofs of service of summons were filed for all four defendants named in that amended complaint in February 2026. Defendants Dana Hendricks and Vermont Street Partners, LLC, did not answer the amended complaint. Those defendants cannot take action in this case until those defaults are set aside (either by stipulation of the parties or by order of the court after a motion for relief from default).
The other two named defendants—Margaret Hendricks and Grand Lake Partners, LLC—have motions to quash service of summons that will be heard on October 6, 2026. The court reminds the parties, as it did in the order on the ex parte to advance the discovery motions, that a corporation cannot be self-represented. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729 (Merco) [“ ‘A corporation cannot represent itself in court, either in propria persona or through an officer or agent who is not an attorney.’ ”].)
The court’s order granting plaintiff’s ex parte application to advance the hearings on the seven discovery motions ordered the parties to meet and confer “in person, by telephone, or by videoconference,” to informally resolve the discovery disputes. The court indicated the parties’ good faith participation (or lack thereof) in meet and confer efforts is a factor the court would consider in determining whether to grant discovery sanctions. Plaintiff’s counsel filed a supplemental declaration in July 2026 summarizing meet and confer efforts.
Counsel indicates defendant Dana Hendricks has sent certain discovery responses via email (that plaintiff argues are incomplete), but has consistently failed to communicate directly over the phone (by either missing scheduled calls or conditioning a call on it being recorded). (Harvey dec., filed 7/15/26, ¶¶ 6-13.) The court finds defendant Dana Hendricks has not made a good faith effort to meet and confer, despite plaintiff’s good faith efforts to facilitate it. The court also observes that defendant Dana Hendricks failed to oppose the instant motions or provide the court with any information about efforts to respond to the discovery, despite having over four months to respond after the order advancing these hearings.
At the same time, the court seriously questions plaintiff’s apparent decision not to depose defendant Dana Hendricks because she arrived two minutes late to a scheduled deposition. (Harvey dec., ¶ 17.) Regardless of whether defendant had produced all required documents, plaintiff provides no adequate explanation for why plaintiff did not at least begin defendant’s deposition on that date.
Defendant Dana Hendricks filed a “Request for Extension of Time to Pay Monetary Sanctions Until the Close of Escrow” on July 20, 2026, seeking an extension to pay discovery sanctions related to earlier motions decided against her. Defendant cannot obtain any relief from this court while she is in default. And even if default is eventually set aside, any request for relief must come through noticed motion. The court will take no action on the request.
Unopposed Discovery Motions Related to Defendant Dana Hendricks
Motion to Deem Requests for Admission Admitted
Plaintiff’s motion for order deeming admitted requests for admission, set one (§ 2033.280), or in the alternative, for an order compelling further responses (§ 2033.290). Defendant Dana Hendricks initial response was unsigned, unverified, and answered in groups instead of separately. She sent updated responses after the motion was filed, which were signed and verified but still answered in groups instead of separately. “The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.” (§ 2033.210, subd. (a).)
The motion to compel further responses is GRANTED. Defendant Dana Hendricks is ordered to provide verified, code-compliant responses to the requests for admission no later than August 28, 2026. The request for sanctions is GRANTED IN PART. Defendant Dana Hendricks is ordered to pay plaintiff sanctions in the amount of $360 ($60 filing fee plus one hour of attorney fees at $300/hour) no later than October 1, 2026.
Motion to Compel Responses to Form Interrogatories, Set One
Plaintiff’s motion to compel responses to form interrogatories, set one. (§ 2030.290.) Defendant Dana Hendricks did not initially respond to the discovery request. Plaintiff’s supplemental declaration states that defendant “emailed incomplete responses” to the form interrogatories in April 2026 after the motion to compel was filed. (Harvey dec., ¶ 5.) That declaration indicates the responses “omitted numerous Form Interrogatories.” (Ibid.) Neither party submitted those responses, leaving the court with an incomplete record.
Based on the available record, the motion is GRANTED. Defendant Dana Hendricks is ordered to provide verified, code-compliant responses to the form interrogatories no later than August 28, 2026. The request for sanctions is GRANTED IN PART. Defendant Dana Hendricks is ordered to pay plaintiff sanctions in the amount of $660 ($60 filing fee plus two hours of attorney fees at $300/hour) no later than October 1, 2026.
Motion to Compel Responses to Special Interrogatories, Set One
Plaintiff’s motion to compel responses to special interrogatories, set one. (§ 2030.290.) Defendant Dana Hendricks did not initially respond to the discovery request. Plaintiff’s supplemental declaration states that defendant “emailed incomplete responses” to the special interrogatories in April 2026 after the motion to compel was filed. (Harvey dec., ¶ 5.) That declaration indicates the responses were “in ‘group’ fashion (e.g., ’11-20’) without the required separate responses or the production of referenced documents.” (Ibid.)
Neither party submitted those responses, leaving the court with an incomplete record. “The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory.” (§ 2030.210, subd. (a).) Based on the available record, the motion is GRANTED. Defendant Dana Hendricks is ordered to provide verified, code-compliant responses to the special interrogatories no later than August 28, 2026. The request for 5
sanctions is GRANTED IN PART. Defendant Dana Hendricks is ordered to pay plaintiff sanctions in the amount of $660 ($60 filing fee plus two hours of attorney fees at $300/hour) no later than October 1, 2026.
Unopposed Discovery Motions Related to Defendant Vermont Street Partners, LLC
Motion to Deem Requests for Admission Admitted
Plaintiff’s motion for order deeming admitted requests for admission, set one (§ 2033.280), or in the alternative, for an order compelling further responses (§ 2033.290). Defendant Vermont Street Partners, LLC’s response was unsigned, unverified, answered in groups instead of separately, and not prepared by an attorney. A corporation cannot be selfrepresented. (Merco, supra, 21 Cal.3d at p. 729.) Defendant Dana Hendricks sent updated responses after the motion was filed, which were signed and verified but still answered in groups instead of separately.
And Ms. Hendricks is not an attorney, meaning she cannot represent the corporate defendant. The motion to compel further responses is GRANTED. Defendant Vermont Street Partners, LLC is ordered to provide verified, code-compliant responses to the requests for admission no later than August 28, 2026. The request for sanctions is GRANTED IN PART. Defendant Vermont Street Partners, LLC is ordered to pay plaintiff sanctions in the amount of $360 ($60 filing fee plus one hour of attorney fees at $300/hour) no later than October 1, 2026.
Motion to Compel Responses to Requests for Production, Set One
Plaintiff’s motion to compel initial responses to requests for production, set one. (§ 2031.300, subd. (b).) Defendant Vermont Street Partners, LLC did not initially respond to the discovery request. Plaintiff’s supplemental declaration indicates defendant Dana Hendricks “emailed 20 attachments in response to [plaintiff’s] February 26 meet and confer correspondence” after the motion to compel was filed. (Harvey dec., ¶ 3.) It is unclear what those attachments included. And Ms. Hendricks is not an attorney, meaning she cannot represent the corporate defendant.
Based on the available record, the motion is GRANTED. Defendant Vermont Street Partners, LLC is ordered to provide verified, code-compliant responses to the request for production no later than August 28, 2026. The request for sanctions is GRANTED IN PART. Defendant Vermont Street Partners, LLC is ordered to pay plaintiff sanctions in the amount of $660 ($60 filing fee plus two hours of attorney fees at $300/hour) no later than October 1, 2026.
Motion to Compel Responses to Form Interrogatories, Set One
Plaintiff’s motion to compel responses to form interrogatories, set one. (§ 2030.290.) Defendant Vermont Street Partners, LLC did not initially respond to the discovery request. Plaintiff’s supplemental declaration states that defendant Dana Hendricks “emailed incomplete responses” to the form interrogatories in April 2026 after the motion to compel was filed. (Harvey dec., ¶ 5.) That declaration indicates the responses “omitted numerous Form Interrogatories.” (Ibid.) And Ms. Hendricks is not an attorney, meaning she cannot represent the corporate defendant.
Neither party submitted those responses, leaving the court with an incomplete record. Based on the available record, the motion is GRANTED. Defendant Vermont Street Partners, LLC is ordered to provide verified, code-compliant responses to the form interrogatories no later than August 28, 2026. The request for sanctions is GRANTED IN 6
PART. Defendant Vermont Street Partners, LLC is ordered to pay plaintiff sanctions in the amount of $660 ($60 filing fee plus two hours of attorney fees at $300/hour) no later than October 1, 2026.
Motion to Compel Responses to Special Interrogatories, Set One
Plaintiff’s motion to compel responses to special interrogatories, set one. (§ 2030.290.) Defendant Vermont Street Partners, LLC did not initially respond to the discovery request. Plaintiff’s supplemental declaration states that defendant “emailed incomplete responses” to the special interrogatories in April 2026 after the motion to compel was filed. (Harvey dec., ¶ 5.) That declaration indicates the responses were “in ‘group’ fashion (e.g., ’11-20’) without the required separate responses or the production of referenced documents.” (Ibid.)
And Ms. Hendricks is not an attorney, meaning she cannot represent the corporate defendant. Neither party submitted those responses, leaving the court with an incomplete record. “The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory.” (§ 2030.210, subd. (a).) Based on the available record, the motion is GRANTED. Defendant Vermont Street Partners, LLC is ordered to provide verified, codecompliant responses to the special interrogatories no later than August 28, 2026.
The request for sanctions is GRANTED IN PART. Defendant Vermont Street Partners, LLC is ordered to pay plaintiff sanctions in the amount of $660 ($60 filing fee plus two hours of attorney fees at $300/hour) no later than October 1, 2026.
Conclusion
The seven motions to compel are GRANTED, as described in this order. Defendant Dana Hendricks is ordered to pay plaintiff a total of $1,680 in sanctions no later than October 1, 2026. Defendant Vermont Street Partners, LLC is ordered to pay plaintiff a total of $2,340 in sanctions no later than October 1, 2026. These sanctions are in addition to any sanctions imposed in previous orders.
The court will set a trial date at the hearing on July 28, 2026. The trial will be a court trial unless a party submits the nonrefundable $150 jury deposit before the July 28, 2026, hearing.
The court will prepare the order.
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