Motion to Compel Responses to Special Interrogatories (Set One)
24CV015755: NGUYEN vs NGUYEN BINH KHIEM, LLC, et al. 03/04/2026 Hearing on Motion to Compel Responses to Special Interrogatories (Set One) in Department 25
Tentative Ruling
PLEASE TAKE NOTICE that pursuant to Public Notice Civil Division Wednesday Law and Motion Calendar any oral arguments regarding this tentative ruling will be heard in Department 25, located at 720 9th Street, Sacramento, CA, the Hon. Julie G. Yap presiding. Should argument be requested by either party, the requesting party 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, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
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.
The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Courts Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. 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/my/sscdept25 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 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
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24CV015755: NGUYEN vs NGUYEN BINH KHIEM, LLC, et al. 03/04/2026 Hearing on Motion to Compel Responses to Special Interrogatories (Set One) in Department 25
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. ___________________________________________________________________________
The motion to compel responses to special interrogatories, set one, filed by Plaintiff and Cross-Defendant Tam Nguyen (Plaintiff), is unopposed and is granted.
This action arises out of Plaintiffs sale of a business. In the operative Third Amended Complaint, filed on September 10, 2025, Plaintiff alleges that the Buyer Parties never paid the agreed-upon purchase price in accordance with the terms of the agreement and asserts claims against Defendants Nguyen Binh Khiem, LLC, Billy Nguyen aka Khiem Binh Nguyen (Billy Nguyen), Thu Ha Thi Nguyen, Kim Thi Nguyen, Chinatown LLC, and Thai Du. On September 11, 2025, Defendants Nguyen Binh Khiem, LLC and Billy Nguyen filed a Cross-Complaint against Plaintiff.
On October 28, 2025, Plaintiff served special interrogatories, set one, on Defendant Billy Nguyen. (Nguyen Decl., ¶2, Ex. A.) Defendant has failed to provide any responses to the discovery requests. (Nguyen Decl., ¶3.)
Defendant now seeks to compel responses to the outstanding discovery.
No opposition to the motion was filed, and a partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4.)
Plaintiffs motion to compel is granted. Defendant shall provide verified responses, without objections, no later than March 18, 2026.
Plaintiffs request for sanctions is denied, as the motion was unopposed. Although California Rules of Court, Rule 3.1348 purports to authorize sanctions if the motion is
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV015755: NGUYEN vs NGUYEN BINH KHIEM, LLC, et al. 03/04/2026 Hearing on Motion to Compel Responses to Special Interrogatories (Set One) in Department 25
unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the Rules of Court must conform to the conditions of one or more of the statutes authorizing sanctions. (Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc. (1997) 60 Cal.App.4th 352, 355.) However, the Court cautions that repeated conduct of failing to comply with discovery obligations may lead the Court to find an abuse of the discovery process and award sanctions on that basis. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481.)
This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.