Judge: Daniel M. Crowley, Case: 21STCV22564, Date: 2022-09-09 Tentative Ruling

Case Number: 21STCV22564    Hearing Date: September 9, 2022    Dept: 28

Defendants Isabel Orozco, Ines M. Cuza and Fermin Cuza’s Motion to Compel Deposition of Non-Party Precise Imagining

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

BACKGROUND

On June 16, 2021, Plaintiffs Dahlia Naomi Felder (“Felder”) and Arnoldo Andres Alvarez (“Alvarez”) filed this action against Defendants Isabel Orozco (“Orozco”), Ines M. Cuza (“Ines”), Fermin Cuza (“Fermin”), Shahab Rabin Hendizadeh (“Hendizadeh”) and Platinum European Motorcars, Inc. (“Platinum”) for motor vehicle negligence and general negligence.

On September 10, 2021, Fermin, Ines and Orozco filed an answer. On September 13, 2021, they filed an amended answer. On November 16, 2021, Platinum filed an answer.

On October 1, 2021, Hendizadeh filed an answer and a Cross-Complaint against Cross-Defendants Fermin, Ines and Isabel for indemnity, declaratory relief and apportionment of fault. Cross-Defendants filed an answer on October 6, 2021.

On June 10, 2022, Ines, Orozoco Defendant (collectively known as “Moving Defendants”) filed a Motion to Compel the Deposition of Non-Party Precise Imagining to be heard on September 9, 2022.  On August 25, 2022, Plaintiff filed an opposition. On August 30, 2022, Moving Defendants filed a reply.

Trial is currently scheduled for June 16, 2023.

PARTY’S REQUESTS

Moving Defendants request that the Court order Non-Party Precise Imagine (“Deponent”) to produce a PMQ for an oral deposition on October 26, 2022, at 1:30 p.n. at 655 North Central Avenue, 12^th Floor, Glendale, California 91203. They also request the Court award monetary sanctions on Deponent and their counsel totaling $2,772.09.

Plaintiff requests the Court deny the motion and impose $3,200.00 in sanctions on Moving Defendants.

LEGAL STANDARD

A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (CCP § 2020.010.) A deposition subpoena may command the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (CCP § 2020.020.) The Court may order a third party to comply with a deposition subpoena upon any terms or condition as the court shall declare. (CCP § 1987.1.)

DISCUSSION

Plaintiff alleges that after the subject incident, Plaintiff received radiological scans from Deponent; part of Plaintiff’s special damages include medical expenses allegedly billed by Deponent.

On April 8, 2022, Moving Defendants served a deposition subpoena on Deponent for April 21, 2022, with the intent of obtaining information about Deponent’s billing procedures. On April 18, 2022, Deponent served an objection to the deposition and production of documents. They later stated that they would not permit the deposition to go forward on all subjects described, nor would they provide all the documents called for by subpoena. Deponent did not appear for the deposition and did not produce the records requested in the subpoena.

The subpoena requested the production of four categories of documents: the complete file of Plaintiff, the complete billing records of Plaintiff, the contract between Deponent and Medlegal Solutions, Inc. Regarding the sale and purchase of liens, and all documents regarding the sale and purchase of liens between Deponent and Medlegal Solutions that pertain to Plaintiff’s treatment. Moving Defendants assert that they are entitled to the last two because Medlegal is involved in the billing for the services provided to Plaintiff. Moving Defendants cite to Moore v. Mercer (2016) 4 Cal.App.5th 424 in support of their assertion.

The Court finds Moving Defendants’ argument unconvincing. First, the Court notes, that the Moore Court clearly stated that “the probative value of such evidence in determining the reasonable value of the medical services provided an injured plaintiff is minimal.” (Id. At 443.) It is within the discretion of the Court to determine if the minimal probative value outweighs the other potential issues that arise out of this line of discovery. Other case law, such as Katiuzchinsky v. Perry (2007) 152 Cal. App.4^th 1288, 1297, supports a finding that this is wholesale irrelevant to Moving Defendants: “a subsequent assignment of the bill to a third party cannot result in a decrease in the value of services that have already been rendered.” In order for the evidence to be of any potential use at trial, Moving Defendants will have to account for every potential reason why the amount collect differs from the amount billed, which are numerous and usually unrelated to the actual value of the services. As such, the Court denies the motion as to those documents. Should Moving Defendants take issue with the amount billed, that issue would be best addressed by an expert.

The Court also does not see the need to depose Deponent’s PMK to discuss billing procedures, based upon the above reasoning. Deponent has already agreed to produce the relevant medical and billing records.

Sanctions

The Court finds that Moving Defendants request relief within the discretion of the Court, and that such request was not a misuse of the discovery process.  Plaintiff’s request for fees is denied.

CONCLUSION

Defendants Isabel Orozco, Ines M. Cuza and Fermin Cuza’s Motion to Compel Deposition of Non-Party Precise Imagining is GRANTED, as to the request for relevant medical and billing records.

Defendants Isabel Orozco, Ines M. Cuza and Fermin Cuza’s Motion to Compel Deposition of Non-Party Precise Imagining of its PMK and the request for records or documents relating to Deponent’s relationship with Medlegal. is DENIED.

Plaintiffs’ Request for Sanctions is DENIED.

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.