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 01/21/2026 Hearing on Motion to Compel American Advanced Mangagement to Comply Re Special Interrogatories in Department 25

Tentative Ruling

NOTICE:

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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 01/21/2026 Hearing on Motion to Compel American Advanced Mangagement to Comply Re Special Interrogatories in Department 25

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TENTATIVE RULING:

The motion of Plaintiffs John L. Dubois through his successor in interest Tami L. Early, and Tami L. Early and Dawn Dubois Patti individually (collectively, “Plaintiffs”) to compel Defendant American Advanced Management, Inc. (“AAM”) to comply with the “Court’s Order of September 23, 2025,” is ruled upon as follows.

In this elder abuse action, Plaintiffs request an order compelling AAM to comply with the Court’s Order, dated September 23, 2025, by “providing complete, good faith responses without objections to Special Interrogatories, Set One, Numbers 10 and 11” and monetary sanctions against AAM. (Ntc. Mot, emphasis in original.)

A trial date is presently set in this matter for March 9, 2026.

On September 23, 2025, the Court granted Plaintiffs’ motion to compel AAM to provide “to provide initial or further responses to [Plaintiffs’] special interrogatories nos. 1-11.” (9/23/25 Order.) In granting the motion, the Court ordered:

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.

(Ibid.) Here, Plaintiffs contend that AAM is in violation of the Court’s Order because, despite AAM’s promise to provide supplemental responses, remedying the perceived deficiencies with AAM’s responses provided on September 10, 2025, AAM failed to provide the supplemental responses as promised. (Dawson Decl., ¶¶ 7-9.) In this regard, Plaintiffs argue that AAM’s responses to these interrogatories, simply stating “Pending,” are not Code compliant. AAM opposes the motion, but rather than address Plaintiffs’ arguments, AAM contends that, as of November 2025, it has now provided the sought supplemental responses, and thus, Plaintiffs’ motion is moot.

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 01/21/2026 Hearing on Motion to Compel American Advanced Mangagement to Comply Re Special Interrogatories in Department 25

Every Court has the power to “compel obedience to its judgments, order, and process, and to the orders of a judge out of court, in an action or proceeding pending thereto.” (Code Civ. Proc., § 128(a)(4).) Moreover, if a party fails to obey an order compelling further discovery response, the court is empowered to make such orders as are just, including the imposition of sanctions. (Code Civ. Proc., § 2030.290(c).)

It is clear that AAM has failed to provide Code compliant responses to the subject discovery at the time the motion was made. Based on the record before it, and considering AAM’s failure to substantively oppose this motion, the Court determines that AAM has failed to comply with the Court’s September 23, 2025, Order and the motion to compel compliance is GRANTED. AAM shall comply with the Court’s September 23, 2025, Order, in full, on or before February 4, 2026.

Plaintiffs’ request for monetary sanctions against AAM is GRANTED in the amount of $1,560 for failure to comply with the Court’s prior order. This amount represents 2 hours of attorney time at the requested rate of $750 per hour, plus the $60 filing fee. Sanctions to be paid no later than February 27, 2026, and, if not paid by that date, Plaintiffs may prepare for the Court's signature a formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules Court, rule 3.1312.)