Regency Health Services, Inc. v. Superior Court

The question in this case is whether a guardian ad litem for an incompetent plaintiff has the duty and authority to verify interrogatory responses on behalf of the plaintiff. The plaintiff argues first that a guardian ad litem has no such duty or authority. Second, the plaintiff argues that since the plaintiff herself is legally incompetent to verify the responses, no one can respond to defendant’s interrogatories. From this purported lack of any person capable of responding, plaintiff concludes that an incompetent plaintiff has no duty to respond to interrogatories at all. The trial court agreed with plaintiff and entered a protective order relieving plaintiff of her obligation to respond. Defendant then petitioned this court for a writ.

A guardian ad litem is an officer of the court appointed to represent a ward in litigation, and to protect and promote the ward’s interests. Part of that protective function involves ensuring that the ward complies with the ward’s legal obligations. Every litigant has a legal obligation to comply with the provisions of the Civil Discovery Act of 1986. (Code Civ. Proc., § 2016 et seq.) Responding to interrogatories is one of those…