Judge: Maurice A. Leiter, Case: 22STCV21983, Date: 2024-11-13 Tentative Ruling

Case Number: 22STCV21983    Hearing Date: November 13, 2024    Dept: 54

Hearing Date: November 13, 2024

Department 54, Judge Maurice A. Leiter

Motion for Terminating Sanctions

Moving Party: Plaintiff Carolyn Parker

Responding Party: Defendant Shlomo Rechnitz

T/R:     PLAINTIFF’S MOTION IS GRANTED AS TO MONETARY SANCTIONS IN THE AMOUNT OF $8,500.00 ONLY.

DEFENDANT IS ORDERED TO APPEAR FOR DEPOSITION WITHIN 15 DAYS OF NOTICE OF RULING.

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 March 30, 2023, decedent Carolyn Parker, through her successor-in-interest to Darnley Scantlebury, filed the operative first amended complaint against Defendants, asserting causes of action for (1) elder abuse; (2) negligence; (3) violation of Health & Safety Code § 1430(B); (4) willful misconduct; and (5) wrongful death.

Plaintiffs allege decedent was a resident at Defendants’ skilled nursing facility from May 14, 2022 to May 17, 2022 following a stroke. Plaintiffs allege Defendants were repeatedly informed that decedent was at risk for falling from her bed, but Defendants refused to provide bed railings or a bed alarm and instead switched her to an unsafe mattress. Decedent fell out of bed in the middle of the night and was not helped for at least an hour after the fall. Plaintiffs allege decedent became paralyzed as a result of the fall. Thereafter, decedent was transferred to the hospital where she suffered from infected pressure ulcers and various other complications resulting in her death on January 12, 2023.

ANALYSIS

It is a misuse of the discovery process to fail “to respond or to submit to an authorized method of discovery,” (CCP § 2023.010(d)) or to disobey “a court order to provide discovery.”  (CCP § 2023.010(g).)  Under CCP § 2023.030, courts have the authority to issue monetary sanctions, evidentiary sanctions, or terminating sanctions after giving parties proper notice and the opportunity to be heard.

In determining whether sanctions should be imposed, courts consider the totality of the circumstances, including the “conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.”  (Lang v. Hochman (2000) 77 Cal. App. 4th 1225, 1246.)   “The penalty should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery.”  (Wilson v. Jefferson (1985) 163 Cal. App. 3d 952, 959.)

Plaintiff moves for terminating and monetary sanctions against Defendant Shlomo Rechnitz. Plaintiff asserts that Defendant has failed to appear for deposition six times despite two orders from this Court compelling his deposition. Plaintiff represents that Defendant has repeatedly canceled his deposition last minute and terminating sanctions are necessary to address these discovery abuses.

In opposition, Defendant asserts that the last time he failed to appear for deposition on September 6, 2024 was due to a medical issue. Defendant’s counsel represents that he provided additional dates, but Plaintiff has refused to reschedule.

The Court will allow Defendant one more chance to appear for deposition. If Defendant again fails to appear, Plaintiff may again move for terminating sanctions. The Court will award monetary sanctions against Defendant, however. Defendant has continuously abused the deposition process by failing to appear. Any assurances from counsel that Defendant will appear have been rendered meaningless by the repeated practice of canceling depositions last minute. Monetary sanctions are necessary to address this issue and repay Plaintiff for the inconveniences caused by Defendant.

Plaintiff’s motion is GRANTED as to monetary sanctions in the amount of $8,500.00. Defendant is ordered to appear for deposition within 15 days of notice of ruling.