Judge: Lee S. Arian, Case: 22STCV24532, Date: 2025-05-20 Tentative Ruling

Case Number: 22STCV24532    Hearing Date: May 20, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Background

This personal injury action arises from a two-vehicle collision that occurred on July 29, 2020, in Los Angeles, California. Plaintiff alleges he sustained injuries and received extensive medical treatment, including surgeries and injections, from non-parties Virella Neurosurgery and Ridge Surgical Center. Defendant Downey Wholesale Inc. seeks discovery related to the nature and extent of those services and charges. On March 13, 2025, Defendant deposed Dr. Anthony Virella, the Custodian of Records and Person Most Knowledgeable for Virella Neurosurgery and Ridge Surgical Center. At the deposition, Dr. Virella testified that he had not reviewed the deposition subpoenas and had not produced any of the requested documents. As a result, the deposition was continued. Defendant re-noticed the depositions for April 11, 2025. However, Dr. Virella did not appear and failed to provide alternative dates. Defendant now moves to compel further deposition testimony and production of documents from the Custodian of Records of Virella Neurosurgery and Ridge Surgical Center.

Legal Standard

Under Code of Civil Procedure section 2025.480, if a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice or subpoena, the party seeking discovery may move the Court for an order compelling that answer or production. (Code Civ. Proc., § 2025.480(a).) A motion to compel must be filed no later than 60 days after the completion of the record of the deposition. (Code Civ. Proc., § 2025.480(b).) If the Court determines that the answer or production sought is subject to discovery, it shall order that the answer be given or the production be made on the resumption of the deposition. (Code Civ. Proc., § 2025.480(i).)

Additionally, the Court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel, unless it finds that the person acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., § 2025.480(j).)

Analysis

Dr. Anthony Virella, the Custodian of Records and Person Most Knowledgeable for Virella Neurosurgery and Ridge Surgical Center, failed to review the deposition subpoenas and did not produce any responsive documents prior to his March 13, 2025 deposition. The deposition was continued by agreement to allow Dr. Virella time to review the subpoenas and produce the requested records. Defendant acted diligently by promptly re-noticing the deposition for April 11, 2025, and serving amended subpoenas. Despite receiving notice and multiple meet and confer attempts by defense counsel, Dr. Virella failed to appear and did not offer alternative deposition dates prior to the then May 15, 2025 trial date. Plaintiff did not serve any objections to the April 11, 2025 deposition and did not move to quash the subpoena.

The billing records, lien agreements, payments, and treatment details sought are directly relevant to Plaintiff’s claimed damages, and Defendant is entitled to challenge the reasonableness of those charges. Accordingly, Defendant has satisfied the statutory requirements to compel further deposition testimony and production of documents. Plaintiff, Virella Neurosurgery, and Ridge Surgical Center did not file any opposition to the present motion.

Dr. Virella is ordered to appear for his continued deposition within 15 days of the date of this order. The Court finds that Virella Neurosurgery and Ridge Surgical Center did not act with substantial justification. Dr. Virella failed to review the subpoenas and failed to bring responsive documents to the March 13, 2025 deposition, leading to its continuation, and then failed to provide any alternative deposition dates prior to trial. Sanctions in the amount of $1,000 each are imposed against Virella Neurosurgery and Ridge Surgical Center, payable to Defendant within 20 days of the date of this order.

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’s 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.