Judge: Marcella O. Mclaughlin, Case: 37-2023-00024473-CU-MM-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Medical Malpractice Discovery Hearing 37-2023-00024473-CU-MM-CTL PATEL VS SCRIPPS HEALTH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 01/26/2024

A. The unopposed motions to compel plaintiffs to provide initial discovery responses are GRANTED.

On August 31, 2023, defendants Scripps Coastal Medical Center, Anuradha Rode, M.D., and Mariah Grace, D.O. served special interrogatories, form interrogatories, and requests for production of documents on plaintiffs. (Perez Decl., ¶ 3.) No responses have been received to date. (See id. at ¶¶ 5-7.) Accordingly, plaintiffs must serve verified responses without objections and produce the requested documents by March 8, 2024. Code Civ. Proc. §§ 2030.290(a), 2031.300(a).

B. Defendants' request for monetary sanctions is granted in the reduced total amount of $870.00 (2.5 hours at $300 per hour plus $120 in filing fees). The sanctions must be paid by plaintiffs Swati Patel and Ketan Patel, jointly and severally, to defendants Scripps Coastal Medical Center, Anuradha Rode, M.D., and Mariah Grace, D.O. by March 22, 2024.

C. The parties are ordered to show cause, if any there be, why this case should not be transferred to the Vista courthouse pursuant to San Diego Superior Local Rule 1.2.2(O). Plaintiffs alleges that the incident occurred at Scripps Encinitas. (Complaint at ¶ 15.) Encinitas is in the North County division for venue purposes. See SDSC Local Rule 1.2.2(C), (E). The OSC will be heard at 10.00 a.m. on March 15, 2024 in Dept. 72.

D. The court, on its motion, advances the CMC to March 15, 2024 at 10:00 a.m. in Dept. 72.

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