Motion to compel compliance pursuant to Code of Civil Procedure section 871.26, and for sanctions
25CV011313: MERRILL, et al. vs GENERAL MOTORS, LLC, et al. 07/29/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. § 871.26 in Department 8C
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 8C in the Tani G. Cantil-Sakauye Courthouse at 500 G Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.
Any party who wishes to contest the tentative ruling below must:
(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-8380, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail 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 they have notified the opposing party of their intention to appear; and
(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.
If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.
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/16039062174
SIP Address:
16039062174@sip.zoomgov.com
(833) 568-8864
25CV011313: MERRILL, et al. vs GENERAL MOTORS, LLC, et al. 07/29/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. § 871.26 in Department 8C
ID: 16039062174
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to
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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
***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C 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***
Tentative Ruling:
Defendant General Motors, LLCs (GM) motion to compel compliance pursuant to Code of Civil Procedure section 871.26, and for sanctions, against Plaintiffs Ila J. Merrill and Samuel R. Merrill, Sr. (Plaintiffs), is DENIED WITHOUT PREJUDICE.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV011313: MERRILL, et al. vs GENERAL MOTORS, LLC, et al. 07/29/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. § 871.26 in Department 8C
Sacramento County Superior Court Local Rule No. 2.31(E) provides, in part:
Parties shall make separate reservations for each remedy before filing multiple discovery-related motions in the same case with the same hearing date. When simultaneously filing multiple discovery- related motions in the same case with the same hearing date, each motion shall be filed as a separate document and a separate filing fee paid for each. Parties may not combine motions pertaining to different types of discovery within the same document. Failure to comply with any part of this rule regarding discovery motions may, in the discretion of the Court, be grounds for the motions being dropped without consideration
Here, GM has filed a single discovery-related motion against two separate parties, both Plaintiffs, together in a single motion, in violation of Local Rule 2.31(E).
As a result, the Court denies GMs motion, without prejudice.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)