Motion to Compel Further Responses To Form Interrogatories, Set One; Request For Sanctions
Browse all Motion to Compel Further Responses rulings statewide →
25CV009026: WALKER, et al. vs COMMONSPIRIT HEALTH, A NONPROFIT CORPORATION, et al. 03/06/2026 Hearing on Motion to Compel Defendant Mortuary Support Services of Northern California LLC To Provide Further Responses To Form Interrogatories, Set One And Request For Sanctions in Department 23
Tentative Ruling
NO APPERANCE REQUIRED
Plaintiff Emilliano Walkers (Plaintiff) motion to compel Defendant Mortuary Support Services of Northern California, LLC (MSSNC) to serve further responses to form interrogatories, set one, and request for sanctions against MSSNC is ruled upon as follows.
In this motion, Plaintiff seeks to compel further responses to form interrogatory numbers 15.1 and 17.1. (MPA 1:18-20; Heller Decl. Exs. 1, 3.) Plaintiff also seeks sanctions in the amount of $5,795 pursuant to Code of Civil Procedure section 2030.300(d) and (e). (MPA 12:22-25, 13:9- 12; Notice of Non-Opposition 1:8-23.) MSSNC did not file an Opposition or serve one on Plaintiff. (Notice of Non-Opposition 1:26-2:10.) Plaintiffs motion to compel further responses to form interrogatory numbers 15.1 and 17.1 is accordingly UNOPPOSED and GRANTED.
Because MSSNC did not oppose Plaintiffs motion, Plaintiffs request for sanctions is DENIED. Sanctions are only available under 2030.300(d) when a party unsuccessfully makes or opposes a motion to compel further response to interrogatories neither of which occurred here. Section 2030.300(e) only allows sanctions if a party fails to obey an order compelling further response to interrogatories. This is the first order compelling further interrogatory responses against MSSNC in this action; there is no prior order compelling further responses to the subject interrogatories.
Accordingly, sanctions are not available under subsection (e).
MSSNC shall serve verified amended responses to the subject interrogatories by March 27, 2026, unless the Parties agree to extend the deadline in writing.
To request oral argument on this matter, you must call Department 23 at 916-874-5754 by 4:00 p.m., the court day before this hearing and notification of oral argument must be made to the opposing party/counsel. If no call is made, the tentative ruling becomes the order of the court. (Local Rule 1.06.)
Please check your tentative ruling prior to the next Court date at www.saccourt.ca.gov prior to the above referenced hearing date.
If oral argument is requested, the parties may and are encouraged to appear by Zoom with the links below:
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
To join by Zoom Link - https://saccourt-ca-gov.zoomgov.com/my/sscdept23 To join by phone dial (833) 568-8864 ID 16108301121
25CV009026: WALKER, et al. vs COMMONSPIRIT HEALTH, A NONPROFIT CORPORATION, et al. 03/06/2026 Hearing on Motion to Compel Defendant Mortuary Support Services of Northern California LLC To Provide Further Responses To Form Interrogatories, Set One And Request For Sanctions in Department 23
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code section 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.
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.
This minute order is effective immediately. Pursuant to California Rules of Court, rule 3.1312(a), no further written order or further notice is necessary.