COOPER vs MUELLER, et al.

23CV013862: COOPER vs MUELLER, et al. 04/15/2025 Hearing on Motion to Compel Responses to Discovery Request (Special Interrogatories, Set One) in Department 54

Tentative Ruling

This matter was originally set to be heard on December 18, 2025, and was continued to today’s date at the request of moving party. The Court now rules as follows.

Defendants Alisa Rose Mueller, Leslie Paul Mueller, and Grace June Rose Mueller’s (collectively, “Defendants”) motion to compel plaintiff Jill Annette Cooper (“Plaintiff”) to serve verified responses to Defendants’ Special Interrogatories, Set One, is GRANTED.

On February 14, 2024, Defendants served the discovery on Plaintiff. After an extension of time to respond was granted, Plaintiff served unsigned and unverified responses on April 19, 2024. The parties then engaged in meet-and-confer discussion, but no signed responses or verifications have been provided.

In response to the motion, Plaintiff’s counsel filed a non-opposition and a declaration, wherein he attests that Plaintiff has physical and mental disabilities that have made it difficult for her to understand the discovery requests and provide verified responses. Plaintiff’s counsel declares that Plaintiff advised him that due to her disabilities, she needs the written questions read to her and time to process the requests because they cause her a great deal of stress. (Declaration of Christopher L.

Kreeger (“Kreeger Decl.”) ¶¶ 8-9.) As a result, counsel read each discovery request to Plaintiff over the phone and mailed the discovery to Plaintiff’s daughter, Heidi, at Plaintiff’s request in the hopes that Heidi, who lives nearby, could assist her. Counsel never heard from Plaintiff or Heidi as to whether the requests were received. (Kreeger Decl. ¶¶ 6, 11.) Counsel’s last written communication with Plaintiff was on April 2, 2024, wherein Plaintiff expressed frustration with the process and indicated she had been working on the responses. (Kreeger Decl. ¶ 12.)

Since then, counsel has attempted to contact Plaintiff via telephone, email, and text to no avail. (Kreeger Decl. ¶¶13, 14.) Counsel has also reached out to Heidi via Facebook with no response and has hired a private investigator to locate Plaintiff. (Kreeger Decl. ¶¶ 14, 15.) He declares he does not know if Plaintiff is dead, ill, incapacitated, or just frustrated and angry with the process and her disability. (Kreeger Decl. ¶ 15.)

After receiving the foregoing non-opposition and declaration, Defendants’ counsel filed a reply declaration requesting the Court continue this matter to the Spring of 2025 because the parties had agreed to provide Plaintiff with a reasonable accommodation to provide substantive, verified written responses to the discovery. Accordingly, this matter was continued from December 18, 2024, to today’s date.

Defendants and Plaintiff have not filed any additional documents since the continuance.

23CV013862: COOPER vs MUELLER, et al. 04/15/2025 Hearing on Motion to Compel Responses to Discovery Request (Special Interrogatories, Set One) in Department 54

Accordingly, Defendants’ motion is GRANTED. Plaintiff shall provide verified responses, without objections, to the discovery on or before April 25, 2025.

Defendants’ request for monetary sanctions against Plaintiff in the amount of $454.20 (representing three hours of attorney time at the rate of $131.40, plus the $60 filing fee) is GRANTED. Sanctions to be paid no later than May 15, 2025, and, if not paid by that date, Defendants may prepare for the Court's signature a formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.

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 Law and Motion Oral Argument Request Line at (916) 874-2615 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 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 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 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 Court’s Approved Official Reporter Pro Tempore list.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV013862: COOPER vs MUELLER, et al. 04/15/2025 Hearing on Motion to Compel Responses to Discovery Request (Special Interrogatories, Set One) in Department 54

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 Reporter’s Office and an official reporter will be provided.