Gorman Rupp Industries, Inc. v. Superior Court

Petitioner (defendant Gorman Rupp Industries, Inc.) seeks a writ of mandate to compel the superior court to grant petitioner’s motion to compel answers by codefendant The Regents of the University of California (also a real party in interest) to interrogatories in a personal injury action filed against them by plaintiff Roy.

In his complaint, plaintiff alleged that he suffered injuries during treatment at the University of California medical facility caused by negligent action by the hospital, or because of negligent manufacture, maintenance or servicing of a particular medical supply known as Aquamatic K. Thernia heating and cooling blankets and mattresses (including its component parts) by defendant Rupp and others. The first amended complaint alleges four causes of action, including breach of warranty of merchantability and strict liability, as well as negligence. Our analysis applies equally to the various causes of action.

On April 16, 1971, Rupp served on The Regents certain interrogatories, to which The Regents objected. On May 27, Rupp sought to compel The Regents to answer the interrogatories. The trial court denied the motion to compel answers, and this…