In the Matter of the Estate of: Jimmie Lee Malloy

24PR002904: ESTATE OF: JIMME LEE MALLOY 05/20/2026 Hearing on Motion - Other Motion to Compel 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 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.

TENTATIVE RULING Moving party and Respondent Wanda Malloy-Lee’s (“Respondent”) unopposed motion to compel the deposition testimony of Petitioner and party deponent Elaine Malloy and production of documents is GRANTED.

Respondent seeks a court order compelling Petitioner’s attendance at a deposition within 10 days of this Court’s order, to continue the trial date, and to keep discovery open. The Court notes the trial date was continued, and discovery remains open, by ex parte order on February 18, 2026. At issue is Petitioner’s attendance at the deposition, the production of documents, and the request for sanctions.

“Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by taking in California the oral deposition of any person, including any party to the action.” (Code Civ. Proc., § 2025.010.) A motion to compel a deponent’s attendance at a deposition and the production of documents described in a deposition notice “shall set forth specific facts showing good cause justifying the demand.” (Code Civ. Proc., § 2025.450(b)(1).)

Code of Civil Procedure, § 2025.410 requires that a party object to errors or irregularities in a deposition notice at least three calendar days prior to the date the deposition is scheduled. Additionally, “[b]efore, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.” (Code Civ. Proc., § 2025.420.) Respondent indicates Petitioner did not serve timely written objections or move for a protective order. (Memorandum of Points and Authorities [“MPA”], 2:20-24.)

Oppositions were due no later than nine court days before the hearing. (Code Civ. Proc., § 1005(b).) Petitioner did not oppose the motion. The Court construes Petitioner’s failure to oppose the motion as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24PR002904: ESTATE OF: JIMME LEE MALLOY 05/20/2026 Hearing on Motion - Other Motion to Compel in Department 129

“it is assumed that [nonmoving party] concedes” that ground].) The motion to compel deposition testimony and production of documents is granted.

Finally, Respondent seeks monetary sanctions in the amount of $4,516.00. Pursuant to Code of Civil Procedure, § 2025.450(g)(1), monetary sanctions are mandatory “unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Sanctions are appropriate here, in light of Petitioner’s untimely objections, the failure to move for a protective order, and the failure to establish any mitigating circumstances that would make the imposition of the sanction unjust.

The notice of motion cites to the incorrect local rule regarding the Court’s tentative ruling system. Moving counsel is directed to contact opposing counsel and/or self-represented litigants and advise them of the tentative ruling system under Local Rule 1.06 and the manner to request a hearing. If moving counsel is unable to contact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or telephone.

The motion to compel attendance at deposition and production of documents is GRANTED. Petitioner Elaine Malloy is required to appear for deposition and produce the requested documents within ten (10) days of this Court’s order. The request for sanctions in the amount of $4,516.00 is GRANTED.

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