Within the period for filing a responsive pleading, the defendant filed a motion for bill of particulars that he set for hearing on a certain date. However, the defendant was surprised to find on the date set for hearing that the trial court had already denied the motion on the day of its filing, stating that the allegations of the complaint were sufficiently made.
a) Did the judge gravely abused his discretion in acting on the motion without waiting for the hearing set for the motion? (3%)
b) If the judge grants the motion and orders the plaintiff to file and serve the bill of particulars, can the trial judge discmiss the case if the plaintiff does not comply with the order? (3%)
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