Judge: Kerry Bensinger, Case: 19STCV29787, Date: 2023-05-09 Tentative Ruling

Case Number: 19STCV29787    Hearing Date: May 9, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 9, 2023                           TRIAL DATE:  May 15, 2023

CASE:                                Dario Paul Camacho v. Transdev Services, Inc., et al.

CASE NO.:                 BC723943

MOTION FOR AN ORDER COMPELLING THE PAYMENT OF

PLAINTIFF’S EXPERTS’ DEPOSITION FEES

MOVING PARTY:               Plaintiff Dario Paul Camacho

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On October 2, 2018, Plaintiff Dario Paul Camacho filed this action against defendants Transdev Services, Inc., Los Angeles Metropolitan Transit Authority, and Connie Romero  (“Romero”) (collectively, “Defendants”) arising from a bus vs. motorcycle accident.  Plaintiff alleges he was riding his motorcycle when he was struck by a bus driven by Romero.

            Plaintiff’s experts appeared for depositions noticed by Defendants on December 21, 2022, January 4, 2023, January 20, 2023, January 23, 2023, January 26, 2023, February 1, 2023, February 2, 2023, February 7, 2023, March 3, 2023.  However, Defendants have yet to pay Plaintiff’s experts for their time spent in deposition as required under Government Code section 68092.5, subdivision (a), and Code of Civil Procedure sections 2034.430 and 2034.450.   

On April 3, 2023, Plaintiff filed this motion to compel payment of Plaintiff’s experts’ deposition fees.  Plaintiff also requests imposition of monetary sanctions against Defendants.

The motion is unopposed.[1]

II.        DISCUSSION

Plaintiff is correct that a party requiring the attendance of an expert at deposition must tender payment of the expert’s fee pursuant to Government Code section 68092.5, subdivision (a), and Code of Civil Procedure sections 2034.430 and 2034.450.  Accordingly, Plaintiff is entitled to an order directing Defendants to pay the following experts and the sums indicated:

Kevin Calvo, CPO: $1,500.00 (Boyer Suppl.Decl., Ex. J)

Sam Dulin: $750.00 (Boyer Suppl. Decl., Ex. C.)

Ed Fatzinger: $450.00 (Boyer Suppl. Decl., Ex. K.)

Dr. Michael Fitzgibbons: $1,750.00 (Boyer Suppl. Decl., Ex. H.)

Dr. Fred Kuyt: $1,820.00 (Boyer Suppl. Decl., Ex. D.)

Jon Landerville: $500.00 (Boyer Suppl. Decl., Ex. F.)

Dr. Amy Magnusson: $2,331.31 (Boyer Suppl. Decl., Ex. I.)

Dr. Anthony Reading: $1,600.00 (Boyer Suppl. Decl., Ex. G.)

Janice Wexler: $1,200.00 (Boyer Suppl. Decl., Ex. B.)

Monetary Sanctions

The court is authorized to impose sanctions for a misuse of the discovery process under Code of Civil Procedure section 2023.030.  The court also has the inherent power to ensure the orderly administration of justice and control the litigation before it.  This power derives from its constitutional role and is not dependent on statute.  (Walker v. Superior Court (1991) 53 Cal.3d 257, 267, 279.)

Plaintiff argues sanctions should be imposed because the Defendants’ failure to pay for Plaintiff’s experts’ time in appearing for deposition is a misuse of the discovery process.  The Court agrees.  Accordingly, the Court imposes monetary sanctions of $1,826.26 consisting of 3 hours at Plaintiff’s counsel’s hourly rate, $67.26 in filing fees, and $259.00 in service of process and courtesy copy costs.

III.       CONCLUSION

            The unopposed motion is granted.  Defendants are ordered to pay Plaintiff’s experts and their fees for appearing at deposition as indicated herein within 30 days of this order.

            The request for sanctions is granted.  Defendants are ordered to pay Plaintiff, by and through Plaintiff’s counsel, monetary sanctions of $1,826.26 within 30 days of this order.

Moving party to give notice. 

Dated:   May 9, 2023                                   ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.