BANK OF AMERICA N.A. vs MALAGUE

24CV025825: BANK OF AMERICA N.A. vs MALAGUE 03/26/2026 Hearing on Motion to Compel Further Discovery Responses to Request for Production of Documents, Set One in Department 54

Tentative Ruling

NOTICE:

The Sacramento Superior Court is transitioning operations from the Gordon D. Schaber and Hall of Justice buildings to the new Tani G. Cantil-Sakauye Courthouse through a phased move plan beginning on April 13, 2026. Visit the court’s website at www.saccourt.ca.gov for the most current and up to date information regarding the transition. The physical and mailing address of the new downtown courthouse is:

Tani G. Cantil-Sakauye Courthouse 500 G Street Sacramento, CA 95814

Please take notice, effective April 13, 2026, Department 54 will move to Department 16C at the Tani G. Cantil-Sakauye Courthouse. The Honorable Christopher E. Krueger remains presiding over all Home Court proceedings, including Case Management and Law & Motion. All hearings currently scheduled or reserved after the effective date shall remain in place and will be heard in Department 16C.

Hon. Christopher E. Krueger Department 16C 916-874-7848

Pro per Defendant Judith Malague’s (“Defendant”) motion to compel Plaintiff Bank of America, N.A.’s (“Plaintiff”) further responses to request for production (set one) is DENIED.

The motion is denied for a number of reasons.

First, Defendant did not include a copy of the proof of service of the request for production (set one) on Plaintiff.

Second, Defendant fails to file a separate statement as required by Cal. Rules of Court, Rule 3.1345(a).

Lastly, the motion is untimely. Code of Civil Procedure section 2031.310(b)(3)(c) provides, "Unless notice of this motion is given within 45 days of the service of the verified response, or

24CV025825: BANK OF AMERICA N.A. vs MALAGUE 03/26/2026 Hearing on Motion to Compel Further Discovery Responses to Request for Production of Documents, Set One in Department 54

any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand." The statutory time "within which to make a [motion to compel further responses] is mandatory and jurisdictional' and the failure to file it within the required time frames 'renders the court without authority to rule on motions to compel other than to deny them." (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Plaintiff purportedly served the responses on October 24, 2025. (Declaration of Judith Malague, ¶ 2.) Defendant filed the instant motion on December 17, 2025. Defendant did not include a copy of the responses, and it is unclear the manner in which Plaintiff served the response. Assuming Plaintiff served the responses by mail, Defendant was required to provide notice of this motion no later than December 15, 2025.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)

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 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

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV025825: BANK OF AMERICA N.A. vs MALAGUE 03/26/2026 Hearing on Motion to Compel Further Discovery Responses to Request for Production of Documents, Set One in Department 54

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/courtreporters/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.

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