Judge: Daniel M. Crowley, Case: 20STCV36181, Date: 2022-09-29 Tentative Ruling
Case Number: 20STCV36181 Hearing Date: September 29, 2022 Dept: 28
Plaintiff Donna Everton’s Motion to Compel Defendant Raymond Renaissance Surgery Center, LLC to Comply with Deposition Subpoena for Records.
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 22, 2020, Plaintiff Donna Everton (“Plaintiff”) filed this action against Defendants Raymond Renaissance Surgery Center, LLC (“Raymond”) and Khaled Tawansy, M.D. (“Tawansy”) for negligence.
On March 24, 2021, the clerk entered default against Defendants.
On August 4, 2022, Plaintiff filed a Motion to Compel Production of Subpoenaed Records to be heard on September 29, 2022.
PARTY’S REQUESTS
Plaintiff requests the Court order Raymond to produce the subpoenaed record and pay $860.00 in sanctions.
LEGAL STANDARD
If a deponent fails to answer any question or produce any document, the party seeking discovery may move the court for an order compelling that answer or production. CCP § 2025.480. A plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. CCP § 2025.210. A deposition subpoena for only the production of records shall command compliance on a date no earlier than 20 days after issuance or 15 days after service, whichever date is later. CCP § 2020.410.
CRC Rule 3.1300 states “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.”
DISCUSSION
Depo Subpoena
Plaintiff served Raymond with a subpoena for records on March 23, 2022; Raymond had until April 25, 2022, to produce the requested documents, complying with CCP requirements. A further deposition subpoena was served on June 16, 2022; Raymond has yet to produce any of the subpoena’d records. Plaintiff attempted to meet and confer with Raymond regarding the subpoena but was unable to speak to a representative on the phone and did not respond to Plaintiff’s letter. Given that Plaintiff has complied with all requirements, the Court grants the motion.
Sanctions
Plaintiff requests sanctions totaling $860.00, based upon 5 hours of attorney’s work, at a rate of $150.00 per hour, and one $60.00 filling fee. Attorney’s work is broken down as follows: .5 hours spent meeting and conferring, 1 hour spent preparing this motion, 1 hour reviewing and replying to any opposition, 1 hour preparing for the hearing, 1 hour appearing at the hearing, and .5 hours on preparing post hearing matters. The Court will award sanctions based upon 2 hours of attorney’s fees and one filling fee, totaling $360.00.
CONCLUSION
Plaintiff Donna Everton’s Motion to Compel Defendant Raymond Renaissance Surgery Center, LLC to Comply with Deposition Subpoena for Records is GRANTED. Raymond is ordered to produce the requested records within 30 days of the hearing on this motion. Raymond is also ordered to pay $360.00 in sanctions to be paid to Plaintiff within 30 days of the hearing on this motion.
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.