Motion to Compel Further Responses To Request For Production Of Documents, Set One And Request For Sanctions
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25CV009026: WALKER, et al. vs COMMONSPIRIT HEALTH, A NONPROFIT CORPORATION, et al. 03/06/2026 Hearing on Motion to Compel Defendant Mortuary Support Services, LLC To Serve Further Responses To Request For Production Of Documents, Set One And Request For Sanctions in Department 23
Tentative Ruling
NO APPERANCE REQUIRED
Plaintiff Emilliano Walkers (Plaintiff) motion to compel Defendant Mortuary Support Services of Northern California, LLC (MSSNC) to serve further responses to requests for production, set one, and request for sanctions against MSSNC is ruled upon as follows.
In this motion, Plaintiff seeks to compel further responses to document request numbers 1-18, 21-28, and 30-33. (MPA 1:24-25; Heller Decl. Exs. 1, 3.) Plaintiff also seeks sanctions in the amount of $7,400 pursuant to Code of Civil Procedure section 2031.310(h). (MPA 12:15-17, 13:3-6; Notice of Non-Opposition 1:8-23.) MSSNC did not file an Opposition or serve one on Plaintiff. (Notice of Non-Opposition 1:2-23.) Plaintiffs motion to compel further responses to document requests 1-18, 21-28, and 30-33 is accordingly UNOPPOSED and GRANTED. Because MSSNC did not oppose Plaintiffs motion, Plaintiffs request for sanctions is DENIED. Sanctions are only available under 2031.310(h) when a party unsuccessfully makes or opposes a motion to compel further response to a demand neither of which occurred here.
MSSNC shall serve verified amended responses to the subject document requests by March 27, 2026, unless the Parties agree to extend the deadline in writing.
To request oral argument on this matter, you must call Department 23 at 916-874-5754 by 4:00 p.m., the court day before this hearing and notification of oral argument must be made to the opposing party/counsel. If no call is made, the tentative ruling becomes the order of the court. (Local Rule 1.06.)
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25CV009026: WALKER, et al. vs COMMONSPIRIT HEALTH, A NONPROFIT CORPORATION, et al. 03/06/2026 Hearing on Motion to Compel Defendant Mortuary Support Services, LLC To Serve Further Responses To Request For Production Of Documents, Set One And Request For Sanctions in Department 23
https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official 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 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.
This minute order is effective immediately. Pursuant to California Rules of Court, rule 3.1312(a), no further written order or further notice is necessary.