Motion to Compel Special Interrogatories
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34-2023-00332501-CU-PO-GDS: John L. Dubois through his Successor in Interest Tami L. Early vs. Colusa Medical Center, LLC 09/23/2025 Hearing on Motion to Compel Special Interrogatories Against Defendant American Advanced Management, Inc. in Department 53
Tentative Ruling
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34-2023-00332501-CU-PO-GDS: John L. Dubois through his Successor in Interest Tami L. Early vs. Colusa Medical Center, LLC 09/23/2025 Hearing on Motion to Compel Special Interrogatories Against Defendant American Advanced Management, Inc. in Department 53
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: Plaintiffs John L. DuBois, et al.s motion to compel Defendant American Advanced Management, Inc.s further responses to special interrogatories is granted.
In this elder abuse action, Plaintiff seeks to compel Defendant to provide initial or further responses to their special interrogatories nos. 1-11. According to Plaintiffs, either Defendant did not respond at all to certain interrogatories or Defendants responses are deficient and contain improper objections.
Defendants opposition does not address the content of its responses or attempt to justify any objections and instead argues that the motion is moot because it has served further responses on September 10, 2025. Defendant asserts that the delay in providing the responses due to staffing challenges with its counsels office. However, service of responses after the motion was filed and prior to the hearing does not moot the motion. A motion is made when it is filed and served. (CCP § 1005.5.) Plaintiffs are entitled to an order even if responses were served after the motion. The content of any response served after the motion was filed is not before the Court.
As a result, Plaintiffs motion to compel Defendant to provide initial responses or further responses without objection to Plaintiffs special interrogatories is granted as sought by the motion. No later than October 7, 2025, Defendant shall serve verified responses to Plaintiffs special interrogatories nos. 1-11, as specifically requested in the moving papers. To the extent that the responses served on September 10, 2025, comply with this ruling, they need not be re-served.
Plaintiffs request for sanctions is denied as the Court finds that sanctions would be unjust under the circumstances.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.