Judge: Lynne M. Hobbs, Case: 23STCV12676, Date: 2025-04-03 Tentative Ruling

Case Number: 23STCV12676    Hearing Date: April 3, 2025    Dept: 61

MARIBEL UNANUE, et al. vs CHIA CHI KAO,, M.D., et al.

Tentative

Plaintiffs Maribel Unanue and Mary Unanue’s Motions to Compel Compliance with this Court’s July 10, 2024 Order is GRANTED. Defendant Chia Chi Kao is ordered to comply with the Court's July 10, 2024 Order within 30 days. Monetary sanctions are awarded against Defendant Chia Chi Kao in the amount of $1,600.00, payable within 60 days.

Moving party to give notice.

Analysis

I. MOTIONS TO COMPEL COMPLIANCE

“Except as provided in subdivision (j), if a party fails to obey an order compelling further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of, or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).” (Code Civ. Proc. § 2031.310, subd. (i).)

This court on July 10, 2024, granted in part Plaintiffs Maribel Unanue and Mary Unanue’s motion to compel further responses to requests for production. This order concerned Requests No. 1, 2, and 8, which respectively sought before-after-photos of patients who had received the particular procedures alleged by Plaintiffs in this action, complaints by patients dissatisfied with the procedure, and documents referring or pertaining to Plaintiffs. This court directed Defendant Chia Chi Kao M.D. (Defendant) to produce all photos for which he had obtained consent for public disclosure, and to send an opt-in request to patients seeking permission for that disclosure, and to provide documents related to complaints, redacting the personal identifying information of the patients concerned. (See 7/10/2024.)

Plaintiffs contend that since this order, and following an informal discovery conference held on October 2, 2024, no further responses have been provided. Plaintiffs’ counsel declares that the only photographs that have been provided were those already disclosed to the public on Defendant’s website and social media accounts, and that Defendant has presented no further response to any of the requests concerned. (Organesyan Decl. ¶¶ 5–10.)

Defendant in response presents the declaration of counsel, stating that no further response has been produced because of “several factors, including defense counsel’s wife being admitted to Providence Little Company of Mary Medical Center for 57 of the 92 days between October 1, 2024 and December 31, 2024 for preeclampsia, which then developed into the life threatening HELLP syndrome, a condition that has an exceedingly high mortality rate.” (Wysocky Decl. ¶ 2.) Defendant’s counsel states that a supplemental response will be provided by the date of hearing on this motion, and cautions that the return rate on requests for permission to disclose photographs is likely to be low. (Wysocky Decl. ¶¶ 3–4.)

Defendant thus concedes that supplemental responses have not been served. Although they cite illness as the reason for this delay, this reason does not explain the substantial delay in serving responses following the court’s July 10, 2024 order, or the period after the present motion was filed on January 21, 2025.

Plaintiffs’ motion to compel compliance with this order is therefore GRANTED. Monetary sanctions are awarded in the amount of $1,600.00, representing four hours of attorney work at $400 per hour. (Organesyan Decl. ¶ 11.)