Motion to Compel Responses to Special Interrogatories Set Four
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34-2020-00287359-CU-PO-GDS: Ronald L. Curd vs. Marriot International, Inc. 12/04/2025 Hearing on Motion to Compel Responses to Special Interrogatories Set Four in Department 53
Tentative Ruling
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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.
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34-2020-00287359-CU-PO-GDS: Ronald L. Curd vs. Marriot International, Inc. 12/04/2025 Hearing on Motion to Compel Responses to Special Interrogatories Set Four in Department 53
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: Defendants Apple Nine Hospital Management, Inc.s and Springhill SMC, LLCs unopposed motion to compel self-represented Plaintiff Ronald Curd, Jr.s responses to special interrogatories (set four) is granted.
No opposition to the motion was filed. 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.)
No later than December 18, 2025, Plaintiff Ronald Curd, Jr. shall serve verified responses, without objections, to Defendants special interrogatories (set four).
Defendants request for sanctions against Plaintiff is denied as the motion was unopposed. 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 only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the C.R.C. 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.)
Defendants also cite to CCP § 2023.010, which sets forth examples of misuse of the discovery process. CCP § 2023.010 does not authorize sanctions on its own. CCP § 2023.030 sets forth available sanctions for misuse of discovery. CCP § 2023.030(a) states that the Court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct. The Court simply notes that CCP § 2023.030(a) states that the Court 'may' impose sanctions for a misuse of the discovery process to the extent authorized by the chapter governing any particular discovery method or any other provision of this title, but that the more specific statute governing the instant motion, CCP §§ 2030.290 only permits sanctions if the motion was made or opposed without substantial justification.
The notice of motion includes the incorrect address for the Court. The correct address for Department 53 of the Sacramento Superior Court is 813 6th Street, Sacramento,
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2020-00287359-CU-PO-GDS: Ronald L. Curd vs. Marriot International, Inc. 12/04/2025 Hearing on Motion to Compel Responses to Special Interrogatories Set Four in Department 53
California 95814. In addition, the notice of motion does not provide notice of the Courts tentative ruling system as required by Local Rule 1.06(D). Defendants counsel is ordered to notify Plaintiff immediately of the correct address for Department 53 and of the tentative ruling system and to be available at the hearing in person, via Zoom or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B).
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.