Judge: Theodore R. Howard, Case: 20-1169357, Date: 2022-11-03 Tentative Ruling

Plaintiff, Calculated Risk Analytics, LLC’s (“CRA”) Motion to Compel Defendant, Maryam Parman, as trustee of the Maryam Parman Revocable Trust dated January 19, 2009 (“Parman”) to Provide Further Responses to Special Interrogatories, Set Two is DENIED.

At issue are 41 interrogatories that seek information related to contentions made in Parman’s Second Amended Cross-Complaint (“SACC”).  As Parman notes in her opposition, the SACC has been superseded by the filing of the Third Amended Cross-Complaint (“TACC”) on May 11, 2022.  (See ROA 748.)  “An amended complaint ‘supersedes the original and furnishes the sole basis for the cause of action. [Citations.] The original complaint is dropped out of the case and ceases to have any effect as a pleading or as a basis for a judgment. [Citation.]”  (Anmaco, Inc. v. Bohlken (1993) 13 Cal.App.4th 891, 901; accord State Comp. Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130-1131.)  The discovery at issue in this motion relates to contentions made in the SACC, which was superseded by the filing of the TACC, and thus the at issue discovery seeks information not relevant to the current proceeding.  Although the TACC contains some of the same contentions that were included in the SACC, this does not change the fact that the SACC has been superseded by the filing of the TACC.

In addition, even if the SACC was still the operative pleading, the court would find that Parman provided a full and complete response to the at issue interrogatories notwithstanding her objections.  Given that these interrogatories seek very broad information (all facts, witnesses and documents supporting a specific contention), the court finds Parman’s responses to be sufficient.

Accordingly, the motion is DENIED.

Parman’s request for judicial notice is DENIED as Parman cites no legal authority in support of her request.

The court finds that sanctions against CRA and its counsel are warranted as CRA was not substantially justified in making this motion.  (Code Civ. Proc. § 2030.300(d).)  The court imposes a reasonable monetary sanction against CRA and its counsel of record, Stephanie A. Sperber, in the amount of $1,180, payable to Parman within 30 days.

Counsel for Parman to give notice.