Judge: Elaine W. Mandel, Case: 23SMCV02373, Date: 2025-04-21 Tentative Ruling

Case Number: 23SMCV02373    Hearing Date: April 21, 2025    Dept: P

Tentative Ruling

Odom v. Sirtaj Hotel, Case no. 23SMCV02373

Hearing date April 21, 2025

Defendant Sirtaj Hotel’s Motion for Sanctions Against Plaintiff

Plaintiff Odom tripped and fell on stairs at defendant Sirtaj Hotel, LLC. Defendants noticed an IME. Plaintiff did not object but failed to appear. Defendant Sirtaj Hotel moves for issue, evidentiary and monetary sanctions. The motion is unopposed.

A defendant in a personal injury case has the right to a physical examination of plaintiff. Cal. Code Civ. Proc. §2032.220(a). If a party is required to submit to an examination but fails to do so, the court may impose issue, evidentiary, monetary or terminating sanctions. Cal. Code Civ. Proc. §2032.410.

Defendants noticed plaintiff’s medical examination 11/13/24, to occur 12/13/24. Decl. Roth para. 4; exh. A. Plaintiff agreed to attend but failed to do so or explain why. Decl. Roth paras. 5-6; exh. B.

Moving defendant Sirtaj Hotel seeks issue sanctions establishing: “That Plaintiff did not suffer any damages as alleged in Plaintiff’s operative complaint in this matter, including (1) any physical, mental or emotional injury, (2) any property damage, (3) any past or future loss of earnings, (4) any past or future wage loss, (5) any past or future hospital or medical expenses.” Mtn. 2:5-9. Defendant also seeks evidentiary sanctions prohibiting plaintiff from admitting evidence showing: “(1) any physical, mental or emotional injury, (2) any property damage, (3) any past or future loss of earnings, (4) any past or future wage loss, (5) any past or future hospital or medical expenses.” Mtn. 2:13-15. Such harsh sanctions are not appropriate at this time, on these facts.

The parties stipulated to continue trial on 3/19/25 to 11/12/25. The basis for the continuation was, in part, to allow defendants to depose plaintiff’s medical providers. See Stip. 3/19/25. Defendants have time to compel the IME, if necessary.

Though issue and evidentiary sanctions are not now appropriate, monetary sanctions are; the court will consider harsher sanctions if there is a further failure to appear.

Defendant requests $1,050 in no-show fees incurred by defendants as a result of plaintiff’s failure to appear and $60 in filing fees. Id. Sirtaj Hotel also requests $350/hour for 3 hours preparing the motion and another 3 hours for reply and hearing. Id. No opposition was filed; no reply is necessary. The court awards 4 hours at $350/hour, totaling $1,400, plus $1,110 no-show fee, plus $60 filing fees, a total of $2,570.

GRANTED in part; sanctions payable within 30 days.