John L. Dubois through his Successor in Interest Tami L. Early vs. Colusa Medical Center, LLC

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 Request for Production of Documents against Santo Mirza 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 Request for Production of Documents against Santo Mirza in Department 53

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TENTATIVE RULING: Plaintiffs John L. DuBois, et al.’s motion to compel Santo Mirza’s further responses to request for production is granted.

In this elder abuse action, Plaintiff seeks to compel Defendant to provide initial responses to request for production nos. 17 and 18, and further responses to request for production nos. 16 and 19-24. According to Plaintiffs, Defendant’s responses are deficient and/or contain improper objections.

Defendant’s opposition does not address the content of its responses or justify any objections and instead argues that the motion is moot because it has served further responses on August 28, 2025. Defendant asserts that the delay in providing the responses due to staffing challenges with its counsel’s 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 to request for production nos. 17 and 18, and further responses to Plaintiffs’ request for production nos. 16, and 19-24 is granted. No later than October 7, 2025, Defendant shall serve initial and further responses, without objection, to requests nos. 17 and 18, and further verified responses to Plaintiffs’ request for production nos. 16 and 19-24, as specifically requested in the moving papers. To the extent that the responses served on August 28, 2025, comply with this ruling, they need not be re-served.

To the extent Plaintiffs seek to compel Defendant to produce documents through this same motion, the Court finds that the motion is premature as Defendant has not yet provided a complete statement in its responses that responsive documents exist and will be produced. Given that the Court has now ruled upon Plaintiffs’ motion to compel further responses, Defendant must first provide supplemental verified responses in light of the Court’s rulings. A motion to compel production is only proper where a party has agreed to produce documents but has failed to do so in compliance with its statement. (CCP § 2031.320(a).) Nonetheless, the Court expects that the parties will cooperate to coordinate production of responsive documents upon Defendant’s service of its further

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

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 Request for Production of Documents against Santo Mirza in Department 53

responses in light of this Court’s order.

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.