Motion to Compel Response to Demand for Production
24CV016955: HARRIS vs PAL 830 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 05/26/2026 Hearing on Motion to Compel Response to Demand for Production in Department 16D
Tentative Ruling
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.
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The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 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.
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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.
24CV016955: HARRIS vs PAL 830 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 05/26/2026 Hearing on Motion to Compel Response to Demand for Production in Department 16D
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: *** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
*** The Court finds in its file no proof of service demonstrating moving plaintiffs service of the Notice of Disclosure issued on 4/29/2026, despite being directed to serve all other parties with the Notice of Disclosure forthwith. Moving plaintiff is directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***
Plaintiffs motion to compel defendants responses to requests for production and production of responsive documents, along with a request for monetary sanctions is GRANTED in part, as follows.
Defendants opposition filed on 5/14/2026 does not comply with CRC Rule 3.1110(b)(1) [requiring the caption page to include the date, time and department for hearing] and was not timely filed or served. It was, however, in the Courts discretion considered.
At the outset, the Court must reject the oppositions suggestion that this motion has been rendered moot by virtue of its service of the outstanding discovery responses on 5/14/2026. Code of Civil Procedure §1005.5 specifically provides that a motion is deemed made at the time it is filed and served and here, the opposition concedes the discovery responses at issue in this motion were not actually served until 5/14/2026, well after the present motion was filed and served on 4/28/2026. Consequently, this motion cannot be considered moot within the meaning of §1005.5.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV016955: HARRIS vs PAL 830 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 05/26/2026 Hearing on Motion to Compel Response to Demand for Production in Department 16D
Finding no other substantive opposition, defendant shall provide verified responses, without objections, to plaintiffs requests for production no later than 6/9/2026 (unless plaintiff agrees to a later date memorialized in writing). (To the extent defendant may have already provided verified responses without objections, they need not be re-served in order to comply with this ruling.)
To the extent moving plaintiff may contend defendants responses are deficient for any reason, plaintiff may file and serve an appropriate motion only after completing the requisite meet-and-confer process either in person, by telephone, or by videoconference, as now expressly required by the recently amended provisions of Code of Civil Procedure §2016.040(a). (Bold added for emphasis.)
To the extent this motion also seeks to compel the actual production of documents in response to the requests for production, this motion is premature. A motion to compel compliance pursuant to Code of Civil Procedure §2031.320(a) is appropriate only where a responding party has agreed to produce documents but then fails to permit inspection consistent with that response. Here, the motion indicates that the responding party has not yet agreed to produce any responsive documents and therefore, the responding party cannot yet be compelled to comply with any written responses.
Plaintiffs request for monetary sanctions is denied since this motion is effectively unopposed.
Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, copies of the underlying discovery requests need not be included with the motion. Proof of service is all that is required.
The Court declines to sign the proposed order submitted with the moving papers because it is not consistent with the foregoing.
Moving party to provide notice of this ruling and file proof of service of same within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)