Judge: David B. Gelfound, Case: 24CHCV01021, Date: 2024-11-15 Tentative Ruling

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Case Number: 24CHCV01021    Hearing Date: November 15, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO COMPEL HASTINGS WOUND SOLUTIONS’ COMPLIANCE WITH THE COURT’S ORDER OF JULY 3, 2024; REQUEST FOR SANCTIONS

Motion filed: 8/6/24

MOVING PARTY: Plaintiff Lloyd E. Rollins, by and through his Successor in Interest, Janice Motta

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order to compel nonparty Hastings Wound Solutions to comply with this Court’s July 3, 2024, discovery order, and to impose monetary sanctions against Hastings Wound Solutions, in favor of Plaintiff, in the amount of $3,060.00.

TENTATIVE RULING: The motion is GRANTED. The Request for Monetary Sanctions is GRANTED IN PART.

BACKGROUND

On March 22, 2024, Plaintiff Lloyd E. Rollins (“Rollins”) filed a Complaint against Defendant Walditrudez P. Lopez (“Lopez” or “Defendant”) and Does 1 through 250, alleging (1) Elder Abuse (Welfare and Institutions Code §§ 15600 et seq.), and (2) Negligence. Subsequently, on May 8, 2024, Lopez filed an Answer to the Complaint.

On July 1, 2024, the Court granted Plaintiff’s motion to appoint Janice Motta (“Plaintiff” or “Motta”) as Successor in Interest to the decedent, Rollins. (7/1/24 Minute Order.)

On July 3, 2024, the Court granted Plaintiff’s unopposed motion to compel Hastings Wound Solutions (“HWS”) to comply with the deposition subpoena. (7/3/24 Minute Order.)

On August 6, 2024, Plaintiff filed the instant Motion to Compel Hastings Wound Solutions’ Compliance with the Court’s July 3, 2024, Order (the “Motion”).

No Opposition or Reply papers have been received by the Court.

ANALYSIS

“If that party or party-affiliated deponent then fails to obey an order compelling attendance, testimony, and production, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010) against that party deponent or against the party with whom the deponent is affiliated. In lieu of, or in addition to, this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that deponent or against the party with whom that party deponent is affiliated, and in favor of any party who, in person or by attorney, attended in the expectation that the deponent’s testimony would be taken pursuant to that order.” (Code Civ. Proc., § 2025.450, subd. (h).)¿ 

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A.    Motion to Compel Compliance with the Court’s Order

The Court’s July 3, 2024, Order was to compel HWS to comply with deposition subpoena served by Plaintiff to produce records relating to Rollins under the custody and control of HWS within 15 days of the ruling. Additionally, the Court’s July 3, 2024, Order imposed monetary sanctions against HWS in the amount of $560.00. (7/3/24 Minute Order.)

Here, Plaintiff states that the Notice of Ruling was served on HWS via Federal Express on July 3, 2024, and also personally served on HWS on July 8, 2024. (Garcia Decl. ¶ 6, Ex. “1.”) However, as of the filing of the Motion, HWS had failed to produce a single document in response to the Court’s July 3, 2024, Order. (Id., ¶ 6.)

HWS does not file an Opposition, thereby waiving the issues raised in the Motion.

Accordingly, based on the records above, the Court finds that HWS has failed to comply with the Court’s July 3, 2024, Order.

Therefore, the Court GRANTS the unopposed Motion.

B.     Monetary Sanctions

Additionally, Plaintiff seeks monetary sanctions against HWS in the amount of $3,060.00, pursuant to Code of Civil Procedure sections 2023.010 and 2023.030 against misuse of discovery. (See also Code Civ. Proc., § 2025.450, subd. (h).)

Additionally, “willfulness [in violating any court orders] is no longer a requirement for the imposition of discovery sanctions.” (Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1291.)

The Court finds that HWS’s failure to obey the July 3, 2024, Order to comply with the deposition subpoena clearly constitutes a misuse of discovery under Code of Civil Procedure section 2023.010, thereby justifying monetary sanctions pursuant to Code of Civil Procedure section 2025.450, subdivision (h).

Utilizing a lodestar approach and in view of the totality of the circumstances, the Court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work in preparing the Motion is $1,060.00, calculated at a reasonable hourly rate of $500 for two hours of work reasonably spent, plus $60.00 for filing fees.

CONCLUSION

The Court GRANTS Plaintiff’s unopposed Motion to Compel Hastings Wound Solutions’ Compliance with the Court’s July 3, 2024, Order. Specifically, Hastings Wound Solutions is ordered to comply with the deposition subpoena, dated May 14, 2024, and to pay $560.00 monetary sanctions to Plaintiff’s counsel within 10 days.

Plaintiff’s Request for Monetary Sanctions is GRANTED IN PART.

Hastings Wound Solutions is further ordered to pay additional sanctions in the amount of $1,060.00 to Plaintiff’s counsel within 10 days.

Moving party to give notice.