Motion for evidentiary sanctions; Motion to compel further responses; Request for monetary sanctions
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25CV009026: WALKER, et al. vs COMMONSPIRIT HEALTH, A NONPROFIT CORPORATION, et al. 05/08/2026 Hearing on Motion to Compel Compliance with the Courts March 6, 2026 Discovery Orders and Request for Sanctions in Department 8A
Tentative Ruling
NO APPEARANCE REQUIRED
Plaintiff Emilliano Walkers (Plaintiff) motion for evidentiary sanctions, or in the alternative, motion to compel Defendant Mortuary Support Service of Northern California LLCs (MSSNC) further responses to Plaintiffs propounded Form Interrogatories, Set One, and request for monetary sanctions is ruled upon as follows.
There is a trial date presently set in this matter for March 29, 2027.
On March 6, 2026, this Court granted Plaintiffs unopposed motion to compel MSSNCs further responses to form interrogatories, set one: MSSNC did not file an Opposition or serve one on Plaintiff. (Notice of Non-Opposition 1:26-2:10.) Plaintiffs motion to compel further responses to form interrogatory numbers 15.1 and 17.1 is accordingly UNOPPOSED and GRANTED. (3/6/26 Order.) Plaintiff was ordered to provide further responses by March 27, 2026, unless the Parties agree to extend the deadline in writing. (Ibid.)
Through this motion, Plaintiff seeks evidentiary sanctions prohibiting MSSNC from offering evidence at trial (1) in support of MSSNCs affirmative defenses, and (2) in support of MSSNCs denials to Plaintiffs material allegations against MSSNC in the Complaint (i.e., paragraphs 4, 6, 14, 17, 38, 39, 48, 49, 50, 62, 63, 64, 67, 69-82). (Ntc. Mot.) Alternatively, Plaintiffs request the court impose monetary sanctions against MSSNC, Hawkins, Parnell & Young, LLP, and Julie Batz in the amount of $17,487.50 pursuant to Civ.
Proc. Code § 2023.030 and § 2030.300 for MSSNCs discovery abuses necessitating the filing of the Motion to Compel Further Responses to Form Interrogatories, Set One (FROG 1) and this Sanctions Motions, as well as an additional order compelling code compliant further responses to Interrogatory Numbers 15.1 and 17.1. Plaintiff argues that while MSSNC served its further responses to the subject discovery on April 7, 2026, Plaintiff maintains that the further responses are still not Code-compliant.
MSSNC opposes the motion.
MSSNCs initial response and further responses to the subject interrogatories are as follows:
INITIAL RESPONSE TO FORM INTERROGATORY NO. 15.1: Responding Party had no legal obligation to inform the deceased family of
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25CV009026: WALKER, et al. vs COMMONSPIRIT HEALTH, A NONPROFIT CORPORATION, et al. 05/08/2026 Hearing on Motion to Compel Compliance with the Courts March 6, 2026 Discovery Orders and Request for Sanctions in Department 8A
information alleged in the operative complaint. Likewise, Responding Party was not in agreement with Dignity Health to register death certificates, nor was Mortuary Support Services of Northern California dba SMT able to register death certificates as it is not licensed to perform this task. SUPPLEMENTAL RESPONSE TO INTERROGATORY 15.1: Written discovery has not been propounded on the plaintiffs to date. No depositions have been noticed or taken. Defendants prior defense counsel filed and serve the answer to plaintiffs operative complaint.
Without additional information obtained from discovery and investigation, Responding Party is unable to respond to this form interrogatory more than it has already. CCP section 2030.070 et seq. requires a party to supplement its responses with later- acquired information, which Responding Party will comply with once additional discovery and investigation elicits additional information.
INITIAL RESPONSE TO FORM INTERROGATORY NO. 17.1:
RESPONSE TO FORM INTERROGATORY NO. 17.1 No. 1, 2, 4, 5, 8, 9, 10, 11, 12, 13, 16, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35. Mortuary Support Services of Northern California dba Sacramento Transport Company was the entity who entered into a contract with Dignity Health to transport and store bodies. Mortuary Support Services of Northern California dba Sacramento Transport Company is not a licensed entity to register death certificates nor does this entity have access to next of kin information or protected health information for any decedent.
Sacramento Transport Company was not required to register for death certificates, nor did they have the information to do so. Similarly, Mortuary Support Services of Northern California dba Sacramento Transport Company was not required (nor did it have information to) obtain an Application and Permit for Disposition of Human Remains assuming this was required. The contract between Mortuary Support Services of Northern California dba Sacramento Transport Company and Dignity Health was only to transport and store bodies, there was no additional duty to prepare death certificates under this contract.
Dignity Health asked Mortuary Support Services of Northern California dba Cremations Only to register death certificated for specific decedents, which Mortuary Support Services of Northern California dba Cremations Only completed. Mortuary Support Services of Northern California dba Sacramento Transport did not complete Walkers death certificate prior to June 7, 2024, as it was not contracted to perform this 4 PLAINTIFF EMILLIANO WALKERS MOTION FOR IMPOSITION OF
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV009026: WALKER, et al. vs COMMONSPIRIT HEALTH, A NONPROFIT CORPORATION, et al. 05/08/2026 Hearing on Motion to Compel Compliance with the Courts March 6, 2026 Discovery Orders and Request for Sanctions in Department 8A
EVIDENTIARY SANCTIONS AGAINST MORTUARY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 task, nor could it perform this task as it did not hold the required license. Mortuary Support Services of Northern California dba Cremations Only prepared Walkers death certificated after Dignity Health asked and Mortuary Support Services of Northern California dba Cremations Only agreed to do so. When Mortuary Support Services of Northern California dba Sacramento Mortuary Transport transported Walkers body, it did not appear that Walkers eyes or tissue had been removed.
Mortuary Support Services of Northern California dba Sacramento Mortuary denies that it breached any duty to handle and store Walkers body. Mortuary Support Services of Northern California dba Sacramento Mortuary stored Walkers body in a refrigerated facility set at a lower temperature than industry standards. Michael Lofton, Jennifer Richards and Chelle Haney, all of whom can be contacted through Responding Partys counsel; plaintiffs, Dignity Health.
SUPPLEMENTAL RESPONSE TO 17.1: Responding Party has no additional information to provide that is responsive to Form Interrogatory 17.1 other than what has already been provided. However, as stated above, written discovery has not been propounded on the plaintiffs to date and no depositions have been taken. CCP section 2030.070 et seq. requires a party to supplement its responses with later-acquired information, which Responding Party will comply with once additional discovery and investigation elicits additional information. (Sept. Stmt.; Heller Decl., Exh. 14.)
The Court finds that MSSNCs responses to Form Interrogatories 15.1 and 17.1 are Code compliant. Accordingly, Plaintiffs request for evidentiary sanctions and monetary sanctions are DENIED.
Disposition
Plaintiffs motion to compel and request for sanctions is DENIED as to Form Interrogatories Numbers 15.1 and 17.1.
Plaintiffs request for evidentiary sanctions and monetary sanctions are DENIED.
To request oral argument on this matter, you must call Department 8a 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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV009026: WALKER, et al. vs COMMONSPIRIT HEALTH, A NONPROFIT CORPORATION, et al. 05/08/2026 Hearing on Motion to Compel Compliance with the Courts March 6, 2026 Discovery Orders and Request for Sanctions in Department 8A
order of the court. (Local Rule 1.06.)
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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.