Motion to Compel Responses to Special Interrogatories, Set One; Request for Sanctions
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24PR000359: IN RE: GUIN FAMILY TRUST 07/16/2025 General Probate in Department 129
Tentative Ruling
PETITIONER JANE DEACONS NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS MOTION FILED: 2/25/2025 RE: In Re the Matter of GUIN FAMILY TRUST DATED MARCH 26, 2012 MOVING PARTY: Jane Deacon, Petitioner Beneficiary Atty: Danielle Diebert, (916) 945-5170 RESPONDING PARTY: Joseph Perez, Objector Atty: Daniel A. Hunt, (916) 488-9788
NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the courts website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.
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24PR000359: IN RE: GUIN FAMILY TRUST 07/16/2025 General Probate in Department 129
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 forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING Petitioner Jane Deacons (Petitioner) Motion to Deem Matters Admitted and Request for Sanctions under California Code of Civil Procedure § 2031.310(a) is unopposed and granted as follows.
On June 27, 2024, Petitioner propounded Special Interrogatories, Set One on Joseph Perez (Respondent), among other written discovery. Respondent did not provide written response or documents, which were due July 31, 2024. (Declaration of Danielle Diebert (Diebert Decl.), ¶¶ 3, 7.) Petitioner contacted Respondents counsel on September 10, 2024, January 3, 2025, and January 30, 2025 to pursue response to these requests. No response has been provided. (Diebert Decl.), ¶ 7.)
Petitioner now moves to compel Respondent to provide responses to Petitioners Special Interrogatories, Set One on the grounds that Respondent has not provided any response. (Code Civ. Proc., § 2030.290.) Petitioner also seeks mandatory sanctions in the amount of $4,572.50. (Id., at subd. (c).
Respondent has not filed a response or opposition.
Because Respondent has not served responses to the properly served discovery requests, Defendant is entitled to an order compelling Respondents responses. (Code Civ. Proc. § 2030.290(b).) Accordingly, Petitioners motion is GRANTED.
Petitioners request for sanctions is DENIED as the motion is unopposed. (See Code Civ. Proc. § 2030.290(c) [authorizing monetary sanctions against a party 'who unsuccessfully makes or opposes a motion to compel a response.'].)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24PR000359: IN RE: GUIN FAMILY TRUST 07/16/2025 General Probate in Department 129
Respondent shall serve verified responses to Petitioners Special Interrogatories, Set One, by no later than August 6, 2025. Respondent is admonished that further discovery abuses, including failure to comply with this order, may result in the imposition of discovery sanctions, up to and including terminating sanctions. (See Code Civ. Proc. §§ 2030.290(c).)
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)