Judge: Daniel M. Crowley, Case: 20STCV28941, Date: 2023-03-03 Tentative Ruling

Case Number: 20STCV28941    Hearing Date: March 3, 2023    Dept: 28

Defendants Amin Stambuli and Yahia Abdul-Rahman's Motion to Set Compensation for Expert Witness Bradely Alexander Jabour, M.D.

Having considered the moving, opposition and reply papers, the Court rules as follows. 

BACKGROUND

On July 31, 2020, Plaintiff Derek Lamont Simien (“Plaintiff”) filed this action against Defendants Amin Stambuli (“Stambuli”) and Yahia Abdul-Rahman (“Abdul-Rahman”) for motor vehicle negligence and general negligence.

On September 2, 2020, Defendants filed an answer.

On January 23, 2023, Defendants filed a Motion to Set Reasonable Expert Fee for Plaintiff’s Expert Bradely Alexander Jabour, M.D. to be heard on March 3, 2023. On February 17, 2023, Plaintiff filed an opposition. On February 21, 2023, Defendants filed a reply.

Trial is currently scheduled for May 23, 2023.

PARTY’S REQUESTS

Defendants request the Court set a reasonable rate for the expert witness deposition fee of Bradely Alexander Jabour, M.D.., with a suggested rate of $1,400.00 per hour.

Plaintiff requests the Court deny the motion.

LEGAL STANDARD

Under CCP § 2034.470, if a party desiring to take the deposition of an expert witness deems the associated fee of taking that deposition unreasonable, that party may move for an order setting the compensation of that expert. Parties must attempt to meet and confer prior to filing the motion and must serve the expert with the motion. The Court may consider the frequency the expert charges this fee, the frequency in which the expert is paid this fee, the ordinary and customary fees charged by similar experts for similar services, and any other factors the court deems relevant and appropriate.

The Court shall impose a monetary sanction against any party, person, or attorney that unsuccessfully makes or opposed a motion to the set the expert witness fee, unless it finds that one acted with substantial justification.

DISCUSSION

In order to file a motion under CCP § 2034.470, the moving party must serve the expert with the motion. Defendants’ February 2^nd proof of service indicates that Jabour was served the motion.

Jabour lists his expert fee as $2,500.00; Defendants consider this fee to be unreasonable in light of the fact that their own expert only charges $1,400.00. A Santa Barbara Superior Court case previously reduced Jabour’s $2,500.00 expert witness fee, reducing it to $1,300.00 per hour. Plaintiff has not provided information to substantiate the higher fee. Board Certified Radiologists in the Southern California area generally list their hourly deposition rates between $900.00 and $1,400.00.

Plaintiff argued that Jabour has routinely received $2,500.00 an hour for depositions given since November 2021. He has testified in at least 13 depositions since then to which he was paid $2,500.00 per hour in fees. Plaintiff did not provide how many depositions Jabour has testified since November 2021, meaning the Court has no way of identifying the ratio of this rate. Plaintiff also did not provide any indication that this was a standard billing rate for this form of expert testimony.

Given the wide breadth of experts that appear to routinely bill sub $1,400.00, the Court finds that $1,400.00 appears to be far more reasonable than the requested $2,500.00. The Court grants the motion. The Court will not impose sanctions, as both parties acted with good cause in bringing and opposing this motion.

CONCLUSION

Defendants Amin Stambuli and Yahia Abdul-Rahman's Motion to Set Compensation for Expert Witness Bradely Alexander Jabour, M.D. is GRANTED. The Court sets a rate of $1,400.00 per hour for Jabour’s expert deposition.

            Moving Party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.