Judge Joel L. Lofton, Case Number: 20STCV37759, Date: 2023-10-12 Tentative Ruling

Judge: Joel L. Lofton, Case: 20STCV37759, Date: 2023-10-12 Tentative Ruling

Case Number: 20STCV37759 Hearing Date: February 26, 2024 Dept: X

Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE: February 26, 2024 TRIAL DATE: April 9, 2024

CASE: SANDRA KIM AND SARAH KIM v. GARFIELD MEDICAL CENTER; JAMES T. LIN, M.D., and DOES 1 through 50, inclusive.

CASE NO.: 20STCV37759

MOTION TO COMPEL FURTHER

MOVING PARTY: Defendant James T. Lin, M.D., (“Dr. Lin”)

RESPONDING PARTY: Plaintiffs Sandra Kim and Sarah Kim

SERVICE: Filed December 1, 2023

OPPOSITION: Filed February 9, 2024

REPLY: Filed February 16, 2024

RELIEF REQUESTED

Dr. Lin moves for an order compelling Plaintiffs Sandra Kim and Sarah Kim to provide further responses to his requests for the production of documents and interrogatories.

BACKGROUND

This case arises out of Plaintiffs Sandra Kim and Sarah Kim’s (“Plaintiff”) claim that Defendants Garfield Medical Center (“GMC”) and James T. Lin, M.D. (“Dr. Lin”) provided inadequate medical treatment to their father Samuel Kim (“Decedent”), resulting in Decedent’s death on August 9, 2019. Plaintiffs allege that Decedent was suffering from Parkinson’s Disease but was taking medicine to control his diagnosis. Plaintiffs allege that on July 22, 2019, Decedent suffered a fall while at home and was taken to the emergency room of GMC. Plaintiffs allege that Decedent died at GMC, where he died from complications due to sepsis and aspiration pneumonia.

Plaintiffs filed a First Amended Complaint (“FAC”) on December 23, 2020, alleging three causes of action for (1) wrongful death – medical malpractice, (2) negligent infliction of emotional distress, and (3) elder abuse and neglect.

TENTATIVE RULING

Dr. Lin’s motions to compel further responses are GRANTED in part and DENIED in part.

Plaintiffs are ordered to provide further responses to RFP numbers 1, 10, 11, 14, and 15 and interrogatories numbers 2, 9, and 10 within 20 days of the date of this order.

All requests for sanctions are DENIED.

LEGAL STANDARD

On receipt of a response to discovery requests, the party requesting may move for an order compelling further responses for interrogatories (Code Civ. Proc. 2030.300), requests for admission (Cod. Civ. Proc. section 2033.290), and request for production (Code Civ. Proc. section 2031.310). “Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission.” (Code Civ. Proc. section 2033.290, subd. (c).

DISCUSSION

Dr. Lin moves for an order compelling Plaintiffs to provide further responses to his requests for the production of documents and interrogatories. Dr. Lin provides that he served his discovery requests on Plaintiffs on January 20, 2023. (James Decl. ¶ 3.) On October 12, 2023, this court granted Dr. Lin’s motion to compel discovery responses. Dr. Lin provides that on Plaintiffs provided deficient responses on October 18, 2023. (Id. ¶ 5.)

Dr. Lin separately moves to compel both Plaintiffs to provide further responses to the discovery requests. In the court’s review of the separate statements, the discovery requests are identical as to each Plaintiff.

Requests for the Production of Documents

RFP No. 1: Any and all bills and invoices, etc., evidencing any claim of damages in this action that have not been produced to date.

RFP No. 10: All writings or documents of any kind that support your contention that propounding party did not meet the requisite standard of practice in rendering medical services to decedent, SAMUEL KIM.

RFP No. 11: All writings or documents of any kind that support your contention that any individual other than the party propounding this request for production of documents did not meet the requisite standard of practice in rendering medical services to decedent, SAMUEL KIM.

RFP No. 14: Produce all medical records, reports, statements, consultations, declarations, correspondence to or authored by any health care provider, notes or writings of any kind relating to medical treatment provided to decedent, SAMUEL KIM, from January 1, 2018, to the present

RFP No. 15: Produce all medical records, reports, memoranda, correspondence, statements, x-rays, radiographic studies (including, but not limited to, MRI's), documents or writings of any kind reflecting medical treatment or visits to any health care provider of decedent, SAMUEL KIM, from January 1, 2018 until August 9, 2019.

Interrogatories

Interrogatory No. 2: Please identify with sufficient specificity for service of a subpoena all witnesses, lay or medical, to the facts that you believe support your claim for negligence against JAMES T. LIN, M.D.

Interrogatory No. 3: Identify with sufficient specificity to satisfy a subpoena duces tecum all physical evidence, whether documentary or otherwise, which supports your claim for negligence in this action.

Interrogatory No. 9: Please identify with sufficient specificity for service of a subpoena, the names of all caregivers who assisted your father SAMUEL KIM in the last two years of his life.

Interrogatory No. 10: Please identify with sufficient specificity for service of a subpoena, the names of all housekeepers who assisted your father SAMUEL KIM in the last two years of his life as identified as your deposition taken on May 7, 2021.

Interrogatory No. 12: Please identify the number of golf rounds your father SAMUEL KIM played per week in the last year of his life.

Interrogatory No. 13: Please identify the total number of golf rounds your father SAMUEL KIM played in the last year of his life.

Interrogatory No. 14: Please identify with sufficient specificity for service of a subpoena, the names of all individuals who played golf with your father SAMUEL KIM over the last year of his life.

Interrogatory No. 15: Please identify your father's golf handicap at the time of his death.

Interrogatory No. 16: Did your father's golf handicap change over the last year of his life?

Interrogatory No. 17: If your father's golf handicap changed over the last year of his life, please identify what it was on August 9, 2018 versus August 9, 2019.

Interrogatory No. 18: When your father played golf over the last year of his life, did he use a golf cart to play the course?

Interrogatory No. 19: When your father played golf over the last year of his life, did he walk the course while playing it?

Interrogatory No. 20: Please identify the number of times that your father walked the golf course as opposed to using a golf cart, over the last year of his life.

Application

Dr. Lin’s motions to compel further responses is granted as to RFP numbers 1, 10, 11, 14, and 15. However, to the extent that Plaintiffs provide that all responsive documents have been provided or that no other responsive documents exist, Plaintiffs may state so.

Dr. Lin’s motion to compel further responses to his interrogatories is granted as to interrogatories numbers 2, 9, and 10. Dr. Lin’s motions are denied as to interrogatories numbers 3, 12, 13, 14, 15, 16, 17, 18, 19, and 20. To the extent that Plaintiffs provide that all responsive information has been provided or that they are unable to provide further information, Plaintiffs may state so.

CONCLUSION

Dr. Lin’s motions to compel further responses are GRANTED in part and DENIED in part.

Plaintiffs are ordered to provide further responses to RFP numbers 1, 10, 11, 14, and 15 and interrogatories numbers 2, 9, and 10 within 20 days of the date of this order.

All requests for sanctions are DENIED.

Moving party to give notice.

Dated: February 26, 2024 ___________________________________

Joel L. Lofton

Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit. alhdeptx@lacourt.org