Judge: Michael E. Whitaker, Case: 19STCV13724, Date: 2023-04-06 Tentative Ruling

Case Number: 19STCV13724    Hearing Date: April 6, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Defendants Jessica Yadegar, Saeed Yadegar, and Jasmine Yadegar (collectively, Defendants) move for an order issuing payment by counsel for Plaintiff Yassine Memmi (Plaintiff) of deposition fees owed to Defendants’ retained expert witness, Dr. James Kayvanfar, M.D. (Kayvanfar), with interest.  Defendants seek monetary sanctions in connection with the motion.  Plaintiff has not filed an opposition. 

ANALYSIS

Pursuant to Code of Civil Procedure, section 2034.450, subdivision (c), “[i]f the deposition of the expert takes longer than anticipated, the party giving notice of the deposition shall pay the balance of the expert’s fee within five days of receipt of an itemized statement from the expert.”

Here, on November 22, 2022, Plaintiff’s counsel, Casey Hultin (Hultin), deposed Kayvanfar.  (Declaration of Mark P. Lascola, ¶ 5.)  Said deposition went beyond the anticipated one hour length by approximately 57 minutes.  (Declaration of Mark P. Lascola, ¶ 5, Exhibit B.)  On November 29, 2022, Defendants’ counsel’s legal assistant provided an itemized statement from Kavyanfar to Plaintiff’s counsel, requesting the outstanding balance of $1,600 owed to Kayvanfar for the unanticipated length of his deposition.  (Declaration of Mark P. Lascola, ¶ 6, Exhibit C.)  As of the date of filing of the instant motion, Defendants have yet to receive payment for Kayvanfar’s deposition from Plaintiff’s counsel.  (Declaration of Mark P. Lascola, ¶ 7.)

Based on Plaintiff’s counsel’s failure to pay Kayvanfar’s outstanding deposition fee, Defendants seek an order form the Court issuing payment by Plaintiff’s counsel for the deposition fees owed.  However, the Court notes that Defendants have failed to cite to a statutory provision authorizing this type of relief.  Accordingly, the Court finds it does not have the authority to issue such an order, and denies Defendants’ motion on this ground.

            Defendants request monetary sanctions in connection with the motion.  Defendants cite to Code of Civil Procedure section 2023.010 in support of their request for monetary sanctions.  However, the Court finds that the statutory scheme of Code of Civil Procedure 2023 does not contain a provision which enforces the award of monetary sanctions against Plaintiff or Plaintiff’s counsel for the conduct as described.  Accordingly, the Court denies Defendants’ request for monetary sanctions.

CONCLUSION AND ORDER

Accordingly, the Court denies Defendants’ motion for an order issuing payment by counsel for Plaintiff of Kavyanfar’s outstanding deposition fee pursuant to Code of Civil Procedure section 2034.450, and further denies Defendants’ request for monetary sanctions.

Defendants are ordered to provide notice of the Court’s ruling and file proof of service of such.