Motion to Compel Responses to Form Interrogatory Responses; Motion for Sanctions
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24CV023897: BLOCKTON vs NORTH AMERICAN TECHNOLOGIES, LLC, A CALIFORNIA CORPORATION, et al. 12/17/2025 Hearing on Motion to Compel Responses to Form Interrogatory Responses from Plaintiff Rickey Dean Blockton, Set One in Department 28
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 pm in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.
Any party who wishes to contest the tentative ruling below must:
(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874- 2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail 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 they have notified the opposing party of their intention to appear; and
(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.
If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.
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/sscdept28
SIP Address:
16039062174@sip.zoomgov.com
(833) 568-8864
24CV023897: BLOCKTON vs NORTH AMERICAN TECHNOLOGIES, LLC, A CALIFORNIA CORPORATION, et al. 12/17/2025 Hearing on Motion to Compel Responses to Form Interrogatory Responses from Plaintiff Rickey Dean Blockton, Set One in Department 28
ID: 16039062174
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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.
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.
TENTATIVE RULING:
Defendant Ronald Contes (Conte) motion to compel Plaintiff Ricky Dean Blockton (Plaintiff) to serve verified further responses to Form Interrogatories and for sanctions is ruled upon as follows.
Moving counsels notice of motion does not provide full notice of the Courts tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing.
Plaintiff initiated this action on November 22, 2024. Plaintiffs Complaint alleges causes of action for motor vehicle and general negligence against Conte and defendant North American
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV023897: BLOCKTON vs NORTH AMERICAN TECHNOLOGIES, LLC, A CALIFORNIA CORPORATION, et al. 12/17/2025 Hearing on Motion to Compel Responses to Form Interrogatory Responses from Plaintiff Rickey Dean Blockton, Set One in Department 28
Technologies for injuries arising out of an automobile collision.
Conte served his Form Interrogatories, Set One on Plaintiff on April 17, 2025, with responses due May 19, 2025. (Declaration of Mark Jubelt, at ¶¶ 4, 5; Exhibit A.) On June 23, 2025, Plaintiff served unverified responses and objections. (Id. at ¶ 6, Exhibit B.)
On July 8, 2025 and August 5, 2025 counsel for Conte followed up with Plaintiffs counsel regarding the missing verification. (Id. at ¶¶ 7, 8.) On August 5, 2025 Plaintiffs counsel responded via email stating that they were working on obtaining signed verifications from Plaintiff. (Id. at ¶ 9; Exhibit E.) On August 18, 2025, counsel for Conte once more followed up with Plaintiffs counsel however, to date, Plaintiff has failed to provide a verification. (Id. at ¶¶ 10-11.)
By this motion Conte moves for an order as follows:
1. For an order to compel the Plaintiff RICKEY DEAN BLOCKTON (Plaintiff) to answer the Form Interrogatories, Set One, served on Plaintiff on April 17, 2025, without objections, within 5 days of the Courts ruling on said motion to compel.
2. For monetary sanctions against Plaintiff and his counsel of record in the amount of $660.00.
(Notice of Motion at 2:3-7.)
Plaintiff has failed to oppose this motion. 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, n.4.)
Service of unverified discovery responses is tantamount to serving no responses at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Plaintiff shall serve the verification for its responses to Contes Form Interrogatories, Set One, no later than December 31, 2025.
Conte's request for sanctions is denied since the motion was unopposed and sanctions do not appear warranted under the circumstances.
This minute order is effective immediately. No formal order or other notice is required. (Code
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV023897: BLOCKTON vs NORTH AMERICAN TECHNOLOGIES, LLC, A CALIFORNIA CORPORATION, et al. 12/17/2025 Hearing on Motion to Compel Responses to Form Interrogatory Responses from Plaintiff Rickey Dean Blockton, Set One in Department 28
Civ. Proc. §1019.5; Cal. Rules of Court, rule 3.1312.)