I am the moving party. The case is is an unlimited jurisdiction matter in northern California. I sent over special interrogatories which included definitions and other information I copied over from form rogs from the ca judicial council site. Are my special rogs defective not requiring an answer? How can I cure this defect?
You cannot copy the definitions from the Judicial Council form interrogatories for use in specially prepared interrogatories.
If your special interrogatories contained impermissible definitions, these interrogatories are objectionable based upon Code of Civil Procedure section 2030.060, subdivisions (d), (e) and/or (f).
Therefore, if the responding party objected on the grounds that the interrogatories contained definitions, the defendant does not have to substantively answer the interrogatories. You won't be able to cure this defect. However, you should meet and confer with the opposing side to see if you can resolve the objections BEFORE you attempt to file a motion to compel further responses.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.