Motion to Compel Responses to Form Interrogatories, Set one; Request for sanctions
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 25CV003941: RIOS vs LGA MANAGEMENT, LLC, et al. 06/03/2026 Hearing on Motion to Compel Responses to Form Interrogatories, Set one in Department 8D
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 25CV003941: RIOS vs LGA MANAGEMENT, LLC, et al. 06/03/2026 Hearing on Motion to Compel Responses to Form Interrogatories, Set one in Department 8D
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. ***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D 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**** TENTATIVE RULING:
The motion of Defendants Hartman Handyman Services, LLC and Tytus Hartman ("Defendants") to compel the initial responses Plaintiff in pro per Gabriela Rios (Plaintiff) to their propounded form interrogatories, set one, and request for sanctions, is ruled upon as follows.
This is a personal injury action. (See Complaint.) Plaintiff filed her Complaint on February 19, 2025. Defendants filed their Cross-Complaint on March 21, 2025. A trial date is not yet set in this matter
On March 21, 2025, Defendants served Plaintiff with the subject form interrogatories, set one. (Walsh Decl., ¶ 3, Exhibit A.) Plaintiff further represents, that at the time of this motion, and despite meet and confer attempts with both Plaintiffs former counsel and Plaintiff (after Plaintiffs former counsel substituted out of the case), no responses were provided to the subject discovery. (See Id., ¶¶ 4-6, Exhibit B.)
Plaintiff has not filed an opposition to Defendants motion and thus Plaintiff has failed to oppose the motion on its merits. 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.)
Accordingly, Defendants motion to compel the initial responses of Plaintiff to the subject discovery is GRANTED. Plaintiff shall serve verified responses, without objections, to Defendants form interrogatories, set one, no later than June 17, 2026.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 25CV003941: RIOS vs LGA MANAGEMENT, LLC, et al. 06/03/2026 Hearing on Motion to Compel Responses to Form Interrogatories, Set one in Department 8D
Defendants also requests sanctions in the amount of $622.50. (Notice of Motion at 2:8.) The request for sanctions is DENIED as the motion was not opposed. Although California Rules of Court, rule 3.1348, purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions against a party who unsuccessfully makes or opposes a motion. Any order imposing sanctions under the CRC 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 or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules Court, rule 3.1312.)