Judge: Mark H. Epstein, Case: 23SMCV00452, Date: 2024-04-12 Tentative Ruling

Case Number: 23SMCV00452    Hearing Date: April 12, 2024    Dept: I

The motions to compel responses are DENIED.

Generally, these motions are granted.  Where discovery is properly served (and this was), there is no excuse for not serving a response.  Except this one.  The party to whom the discovery was directed has passed away.  Given that, it is actually a physical impossibility for the plaintiff to respond.  Eventually, plaintiff’s estate or successor will have to take over the case or dismiss it, and when that happens, discovery will once again be proper on the new representative.  But until then, there is really nothing that can be done.

The court will inquire as to the status of obtaining a representative or successor as the plaintiff with counsel.