Judge: Blaine K. Bowman, Case: 37-2023-00010009-CU-MM-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2023-00010009-CU-MM-CTL SCHREINER VS KHAJAVI [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's motion to compel the deposition of Azadeh Khajavi, D.M.D. is GRANTED. CCP § 2025.450.

The court orders Defendant Azadeh Khajavi, D.M.D. to appear for deposition on the agreed upon date of April 24, 2024, at 10:00am.

Plaintiff's request for sanctions is GRANTED IN PART. CCP § 2025.450(g)(1). The court reduces the sanctions sought by $400.00 because of the routine nature of this motion. The court finds sanctions of $2,140.00 reasonable and awards sanctions in this amount in favor of Plaintiff and against Defendant Azadeh Khajavi, D.M.D. The court is not persuaded by Khajavi's arguments against the imposition of sanctions as Khajavi initially delayed providing alternate deposition dates and did not provide the most recent alternate deposition dates until after Plaintiff filed this motion. However, in Plaintiff's moving papers Plaintiff states that if Khajavi appears on April 24, 2024, Plaintiff will withdraw Plaintiff's request for sanctions. Therefore, the court stays the imposition of sanctions pending Khajavi appearing for deposition on April 24, 2024. If Khajavi appears, no sanctions will be imposed.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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