Judge: John J. Kralik, Case: 22BBCV01239, Date: 2025-03-21 Tentative Ruling

Counsel who wish to submit on the tentative ruling may do so by emailing BURDeptB@lacourt.org

PLEASE WRITE THE CASE NUMBER AND PARTY YOU REPRESENT.  YOU MAY ONLY SUBMIT ON BEHALF OF THE PARTY YOU REPRESENT.  YOU MAY NOT SUBMIT ON BEHALF OF ANOTHER PARTY. Counsel are directed to cc all other counsel if you are submitting on the tentative ruling.

IF YOU HAVE QUESTIONS OR NEED CLARIFICATION ON THE TENTATIVE, YOU MUST APPEAR AND ADDRESS YOUR QUESTIONS TO THE COURT.

IF BOTH SIDES SUBMIT ON THE TENTATIVE RULING, THE TENTATIVE RULING THEN BECOMES THE ORDER OF THE COURT ON THE MOTION DATE AND NO APPEARANCES ARE NECESSARY.

THERE WILL BE NO RESPONSES TO ANY INQUIRIES SUBMITTED THROUGH THIS SITE.

Warning regarding electronic appearances:    All software for remote or electronic appearances is subject to malfunction based on system weakness and human error, which can originate from any of the multiple parties participating each morning. The seamless operation of the Court’s electronic appearance software is dependent on numerous inconstant and fluctuating factors that may impact whether you, or other counsel or the Court itself can be heard in a particular case. Not all these factors are within the control of the courtroom staff. For example, at times, the system traps participants in electronic purgatories where they cannot be heard and where the courtroom staff is not aware of their presence. If you call the courtroom, please be respectful of the fact that a court hearing is going on, and that the courtroom staff is doing their best to use an imperfect system. If it is truly important to you to be heard, please show up to the courtroom in the normal way. Parking is free or reasonable in Burbank.

THANK YOU!

Case Number: 22BBCV01239    Hearing Date: March 21, 2025    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Margarita Lopez (“Plaintiff”) alleges that on December 19, 2020, Defendants Alberto Nunez and Global Emergency Road Service, LLC (“Defendants”) negligently entrusted, managed, maintained, drove, and operated their vehicle, which caused Defendants’ vehicle to collide with Plaintiff’s vehicle.  Plaintiff alleges that she has suffered bodily injury to her nervous system. 

The complaint, filed December 16, 2022, alleges a single cause of action for negligence.   

B.     Motions on Calendar

There were 3 motions on calendar.

On January 10, 2025, Defendants filed a motion to compel Karoosh Elihu, M.D.’s attendance at his deposition. 

On January 15, 2025, Defendants filed a motion to compel Dr. Krostan Khoshar’s attendance at his deposition. 

Defendants filed a motion to compel Plaintiff’s attendance at the deposition of Ed Simon, D.C.

The Court is not in receipt of opposition briefs.

DISCUSSION

            Defendants move to compel the deposition of Karoosh Elihu, M.D. and Dr. Krostan Khoshar.  They also move to compel Plaintiff to attend the deposition of Ed Simon, D.C.  Defendants argue that they seek to depose these individuals to learn more about the nature and extent of Plaintiff’s claims in this action. 

            Defendants state that they served a notice of taking non-retained expert Karoosh Elihu, M.D.’s deposition twice and were called by Dr. Elihu’s office to reschedule the deposition to August 5, 2024.  Defendants state that they re-noticed the deposition for August 5, 2024, Dr. Elihu did not object to the deposition notice, and Plaintiff and Dr. Elihu did not attend the deposition. 

            Defendants state that they served a notice of taking non-retained expert Dr. Krostan Khoshar’s deposition three times, such that the deposition was to take place on August 26, 2024.

Defendants state that Dr. Khoshar did not object to the notices and the deposition did not go forward.

Defendants state that they served on Plaintiff a notice of taking the deposition of non-retained expert witness Ed Simon, D.C. twice, such that the deposition was to take place on July 15, 2024.  Defendants state that the court reporter, defense counsel, and Dr. Simon appeared for the deposition, but Plaintiff did not attend the deposition.  (Hunt Decl., ¶5.)  Defendants argue that Plaintiff did not object to the deposition. 

            The motions to compel the depositions of non-retained experts Dr. Elihu and Dr. Khoshar are granted.  The motions are not opposed and the deponents did not serve objections to the deposition notices.  With respect to Dr. Elihu, it appears that he was amenable to attending his deposition but then he failed to appear on the day of his scheduled deposition.  The Court will allow the depositions of these experts to go forward.  Defendants should communicate with these deponents to find a mutually agreeable deposition date. 

            With respect to the motion regarding Plaintiff and Dr. Simon, it appears that Defendants seek to depose Dr. Simon, but the motion seeks to compel Plaintiff to attend Dr. Simon’s deposition.  To the extent that Defendants seek to compel Dr. Simon to attend his deposition, it appears that Dr. Simon has no objection to being deposed as he attended his noticed deposition (though Plaintiff did not attend).  To the extent that Defendants seek to compel Plaintiff to attend a deposition that is not her own, Defendants have not provided a legal basis to make such a request as Plaintiff is not the deponent.  This also does not appear to be an independent medical examination such that it is unclear why Plaintiff must personally attend the deposition.  The motion to compel Plaintiff to attend Dr. Simon’s deposition is denied. 

            Defendants request sanctions in the amount of $1,630 each for the motions regarding Dr. Elihu and Dr. Khoshar (= 3 hours on the motion + 3 anticipated hours for the hearing at $220/hour, plus $60 in filing fees and $250 in court reporter no-show fees, per motion).  The requests are denied.  Defendants seek sanctions against the deponents directly.  However, they were not served with their respective motion and, thus, had no notice of the sanctions being sought against them.  The proofs of service show that only Plaintiff’s counsel was served with the motions.  

            Defendants also request fees of $2,462.90 for the motion regarding Dr. Simon (= 1 hour on the motion + 5 hours to attend the hearing at $220/hour, plus $60 in filing fees, $700 for Dr. Simon’s fee, and $382.90 for court reporter fees).  The sanctions are sought against Plaintiff only.  The request for sanctions for the motion related to Plaintiff/Dr. Simon is denied.

CONCLUSION AND ORDER

Defendants Alberto Nunez and Global Emergency Road Service, LLC’s motions to compel the depositions of Karoosh Elihu, M.D. and Dr. Krostan Khoshar are granted.  Defendants are ordered to meet and confer with these individuals to determine a mutually agreeable deposition date.  If the meet and confer efforts are unsuccessful, Defendants may notice the depositions within 60 days of the date of this order.  The Court notes that the jury trial is approaching on July 14, 2025. 

Defendants Alberto Nunez and Global Emergency Road Service, LLC’s motions to compel Plaintiff to attend the deposition of Ed Simon, D.C. is denied.

No sanctions shall be awarded on these motions.

Defendants shall give notice of this order.

DATED: March 21, 2025                                           ______________________

                                                                              John J. Kralik

                                                                              Judge of the Superior Court