Judge: Maurice A. Leiter, Case: 21STCV00429, Date: 2022-09-29 Tentative Ruling

Case Number: 21STCV00429    Hearing Date: September 29, 2022    Dept: 54

Hearing Date: September 29, 2022

Department 54, Judge Maurice A. Leiter

Motion to Appoint Discovery Referee

Moving Party: Plaintiff Suzanne Slater

Responding Party: Defendant Rachel Kennedy

T/R:     PLAINTIFF’S MOTION TO APPOINT A DISCOVERY REFEREE IS GRANTED. THE PARTIES ARE ORDERED TO SPLIT COSTS.

            PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

BACKGROUND

            On July 25, 2022, Plaintiff Suzanne Slater filed the operative third amended complaint against Defendant Rachel Kennedy, asserting causes of action for (1) intentional interference with expectancy of inheritance; (2) civil theft; and (3) violation of the Comprehensive Computer Data and Access Fraud Act. Plaintiff alleges that Defendant fraudulently altered the beneficiaries of decedent’s accounts, depriving Plaintiff of her full inheritance.

ANALYSIS

Plaintiff moves for an order appointing a discovery referee and an order requiring Defendant pay the referee’s costs. Plaintiff asserts that Defendant’s counsel behaved unprofessionally at Defendant’s deposition by making objections and interruptions, coaching Defendant, and using insulting and condescending language. In opposition, Defendant concedes the need for a discovery referee but argues the parties should split the cost. Defendant represents that Plaintiff’s counsel was the one who was unprofessional at the deposition.

The parties paint entirely different pictures of Defendant’s deposition, but it is clear a discovery referee is needed. The Court is unpersuaded that either side’s conduct was so extreme as to warrant one party’s bearing the entire cost. The parties must split the cost evenly.

Plaintiff’s motion to appoint a discovery referee is GRANTED. The parties to split costs.