Central Valley Fallen Heroes v. Lieb et al.

(35) Tentative Ruling

Re: Central Valley Fallen Heroes v. Lieb et al. Superior Court Case No. 23CECG04281

Hearing Date: August 4, 2026 (Dept. 502)

Motion: (1) By Cross-Complainant Ron Dupras to Compel Further Responses to Special Interrogatories, Set One and Request for Sanctions (2) By Cross-Complainant Ron Dupras to Compel Further Responses to Request for Production, Set One, and Request for Sanctions (3) By Cross-Complainant Ron Dupras to Compel Further Responses to Request for Admissions

Tentative Ruling:

To deny the motions as to Special Interrogatories, Set One and Request for Production, Set One, as moot. To impose monetary sanctions in the total amount of $3,600 in favor of cross-complainant Ron Dupras and against cross-defendant Paul Beckley. Within 30 days of service of the order by the clerk, cross-defendant Paul Beckley shall pay sanctions to counsel for cross-complainant Ron Dupras.

To order the motion as to Request for Admissions off calendar, as no moving papers were filed.

Explanation:

Cross-Complainant Ron Dupras (“Cross-Complainant”) seeks to compel further responses from cross-defendant Paul Beckley (“Cross-Defendant”) as to the entirety of the interrogatories, and requests for production propounded.

In opposition, Cross-Defendant submits that he has since served further responses. Cross-Complainant does not contend otherwise. (Ulmer Reply Decl., ¶ 3.) As Cross- Defendant argues, the further responses supersede the prior responses. The further responses necessitated further meet and confer efforts. (E.g., Code Civ. Proc., § 2030.300, subd. (b)(1).) The motions as to the original responses is therefore denied as moot.

Sanctions are still warranted. Monetary sanctions are sufficient to compel disclosure so that the party seeking the discovery can prepare their case, and secondarily to compensate the requesting party for the expenses incurred in enforcing discovery. (Ghanooni v. Super Shuttle (1993) 20 Cal.App.4th 256, 262.) Sanctions are mandatory unless the court finds that the party acted “with substantial justification” or other circumstances that would render sanctions “unjust.”

While further responses were made, they came at Cross-Complainant’s expense to seek court orders to do so. The court finds no circumstances that would render the 4

imposition of sanctions as unjust. Cross-Complainant submits an hourly rate of $450, which is approved. Sanctions are imposed in the total reduced amount of $3,600 in favor of Cross-Complainant Ron Dupras and against Cross-Defendant Paul Beckley.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: lmg on 7-31-26. (Judge’s initials) (Date)

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