Judge: John B. Scherling, Case: 37-2022-00003760-PR-TR-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - October 05, 2023

10/06/2023  02:00:00 PM  502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate  Trust Proceedings Discovery Hearing (Probate) 37-2022-00003760-PR-TR-CTL THE MATTER OF THE GAINES FAMILY TRUST, DATED JUNE 14, 1996 [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 05/01/2023

Pursuant to Superior Court of San Diego County, Local Rules, rule 4.23.7, the court's tentative ruling is as follows: The unopposed Motions to Compel Further Special Interrogatories, Set One, and Requests for Production, Set One, are GRANTED.

The requests for sanctions are GRANTED.

DISCUSSION This case concerns the Gaines Family Trust dated June 14, 1996, and the Thomas F. Gaines Trust dated January 30, 2013.

Del Gaines ('Petitioner') is the child of Settlor Thomas F. Gaines and his first wife, Doris W. Gaines.

Joanna Gaines ('Objector') is the third wife of Thomas F. Gaines and the current Trustee of the Thomas F. Gaines Trust.

On January 28, 2022, Petitioner, represented by counsel, filed a 'PETITION FOR ORDERS RETURNING PROPERTY TO TRUST; AND FOR ALL OTHER RELIEF THE COURT DEEMS PROPER.' (ROA 1.) On April 12, 2022, Objector filed Objections to the Petition. (ROA 12.) On August 12, 2022, the Court granted Petitioner's attorney's motion to be relieved as counsel. (ROA 33, Minute Order filed Aug. 12, 2022.) Petitioner is currently self-represented.

On February 16, 2023, the Court ordered the parties to participate in mediation no later than July 31, 2023. (ROA 41, Minute Order filed Feb. 16, 2023.) On May 1, 2023, Objector filed the instant motions to compel initial responses. (ROA 43, 44.) The motions are made on the grounds that Petitioner was served with the Requests for Production of Documents ('RFP'), Set One, and Special Interrogatories ('SROG'), Set One, but Petitioner failed to timely respond to the discovery requests, and never responded to the requests. Objector also requests $1,240 in monetary sanctions ($560 in attorney's fees plus a $60 filing fee for each motion).

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2970652 CASE NUMBER: CASE TITLE:  THE MATTER OF THE GAINES FAMILY TRUST, DATED JUNE 14,  37-2022-00003760-PR-TR-CTL 1. Motions to Compel Here, on April 13, 2022, Objector propounded SROG, Set One, and RFP, Set One, on Petitioner. (ROA 45, Hocker Decl., at ¶ 2.) The parties agreed to extend the deadline to respond to the discovery and responses were due by September 12, 2022. (Id., at ¶ 4.) Objector states that she contacted Petitioner for responses and that Petitioner repeatedly promised to provide responses but never did, necessitating the filing of the instant motions.

The subject discovery requests (ROA 45, Hocker Decl., Exhs. A & B) generally appear to be reasonable, and the Court is not in receipt of any opposition. Under Local Rule 2.1.19(B), '[t]he court may deem a lack of opposition to be a concession that a motion is meritorious.' Moreover, in failing to serve responses, Petitioner waived any right to exercise the option to produce writings under CCP § 2030.230, as well as to object to the interrogatories or to the requests for production, including objections based on privilege or work product. (CCP §§ 2030.290(a), 2031.300(a).) Therefore, the motions to compel are GRANTED pursuant to CCP §§ 2030.290(b) and § 2031.300(b).

Petitioner is ordered to serve code-compliant responses to the discovery requests, without objection, within 10 days of this order.

2. Sanctions As to sanctions, the court shall impose sanctions 'against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response' to interrogatories or requests for production. (CCP §§ 2030.290(c), 2031.300(c).) In failing to even respond to the instant motions, Petitioner plainly was unsuccessful in opposing the motions. Thus, sanctions are warranted, and are GRANTED in the amount of $1,240, which the court finds to be reasonable under the circumstances.

Petitioner is ordered to pay the $1,240 in sanctions to counsel to Joanna Gaines within 30 days of this order.

Counsel to Joanna Gaines is directed to serve notice of ruling in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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