Gorman Rupp Industries, Inc. v. Superior Court

Opinion

STEPHENS, J.

Petitioner (defendant Gorman Rupp Industries, Inc.) seeks a writ of mandate to compel the superior court to grant petitioner’s motion to compel answers by codefendant The Regents of the University of California (also a real party in interest) to interrogatories in a personal injury action filed against them

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by plaintiff Roy.

In his complaint, plaintiff alleged that he suffered injuries during treatment at the University of California medical facility caused by negligent action by the hospital, or because of negligent manufacture, maintenance or servicing of a particular medical supply known as Aquamatic K. Thernia heating and cooling blankets and mattresses (including its component parts) by defendant Rupp and others. The first amended complaint alleges four causes of action, including breach of warranty of merchantability and strict liability, as well as negligence. Our analysis applies equally to the various causes of action.

On April 16, 1971, Rupp served on The Regents certain interrogatories, to which The Regents objected. On May 27, Rupp sought to compel The

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Regents to answer the interrogatories. The trial court denied the motion to compel answers, and this petition followed.

Rupp contends that it is in the position of “adverse party” to The Regents and therefore is entitled to have the interrogatories answered under the provisions of Code of Civil Procedure section 2030. The Regents refused to answer on the sole ground that they were not an “adverse party” within the meaning of that section.

We have been unable to find any California appellate court decision construing the term “adverse party” contained in Code of Civil Procedure section 2030. Since this is then a case of first impression, we resort to federal decisions concerning rule 33 of Federal Rules of Civil Procedure, upon which section 2030 is based, for their persuasive value. (See

Trade Center Properties, Inc.

v.