Judge: Michael P. Linfield, Case: 20STCV34867, Date: 2022-12-07 Tentative Ruling
Case Number: 20STCV34867 Hearing Date: December 7, 2022 Dept: 34
SUBJECT: Motion to Compel the Deposition of the
Person Most Knowledgeable for Broadway Radiology, Inc. and for Monetary
Sanction of $2,660
Moving Party: Plaintiffs Allstate Insurance Company,
Allstate Indemnity Company, and Allstate Northbrook Indemnity Company
Resp. Party: None
Plaintiffs’ Motion to Compel
Deposition of the Person Most Knowledgeable for Broadway Radiology, Inc. and
for Monetary Sanction is GRANTED.
Third Party
Broadway Imaging, Inc. is ORDERED to make its person most qualified available
within 30 days of the issuance of this Order.
Plaintiff Allstate
Insurance Company is AWARDED $1,060.00 in sanctions against Third Party
Broadway Imaging, Inc.
BACKGROUND:
On
September 11, 2020, Plaintiffs Allstate Insurance Company, Allstate Indemnity
Company, and Allstate Northbrook Indemnity Company filed as qui tam relators
on behalf of the People of the State of California their Complaint against
Defendants Simon Gamzaletova, Reymond Gamzaletova, Farideh Kohan, Mustafa
Asghari, West Valley MRI, Inc., and SoCal Imaging on causes of action for
violations of the California Insurance Frauds Prevention Act and the California
Unfair Competition Law.
On
April 15, 2021, Plaintiffs amended their Complaint by substituting SoCal
Imaging for its true name of SoCal Imaging, Inc.
On
August 6, 2021, Plaintiffs filed their First Amended Complaint against
Defendants on the same causes of action.
On
September 7, 2021, Defendants filed their Answer.
On
September 13, 2022, Plaintiffs amended their First Amended Complaint by
substituting George Mednik, M.D., Ranon Udkoff, M.D., Sepehr Katiraie, M.D.,
Lynwood Medical Imaging, Inc., Udkoff Medical Imaging Corporation, and Mednik
Medical Corporation for previously-unidentified defendants.
On
October 27, 2022, Plaintiffs filed their Motion to Compel the Deposition of the
Person Most Knowledgeable for Broadway Radiology, Inc. and for Monetary
Sanction in the Amount of $2,660. Plaintiffs concurrently filed: (1) Memorandum
of Points and Authorities; (2) Proposed Order; and (3) Declaration of Joseph F.
Hasegawa.
Neither
Third Party nor Defendants have filed an opposition or other response to the
Motion.
ANALYSIS:
I.
Legal Standard
Depositions are a method that “may
be used to obtain discovery within the state from a person who is not a party
to the action in which the discovery is sought[.]” (Code Civ. Proc., §
2020.010, subd. (a)(1)–(3).)
“Except as provide in subdivision
(a) of Section 2025.280, the process by which a nonparty is required to provide
discovery is a deposition subpoena.” (Code Civ. Proc., § 2020.010, subd. (b).)
“If a subpoena requires the
attendance of a witness . . . or at the taking of a deposition, the court, upon
motion reasonably made by any person described in subdivision (b), or upon the
court’s own motion after giving counsel notice and an opportunity to be heard,
may make an order quashing the subpoena entirely, modifying it, or directing
compliance with it upon those terms or conditions as the court shall declare,
including protective orders. . . .” (Code Civ. Proc., § 1987.1, subd. (a).)
II.
Discussion
On December 20,
2021, Plaintiffs served a deposition subpoena on Third Party Broadway
Radiology, Inc. for a deposition with its person most knowledgeable (PMK) on
January 7, 2022. (Motion, p. 2:3–5.) According to Plaintiffs, “Broadway
Radiology is an MRI facility that performed MRIs for Defendant West Valley MRI,
and thus likely has knowledge of the role played by West Valley MRI in the
fraudulent scheme alleged in the complaint.” (Id. at p. 3:16–18.) The
PMK is Alvaro Cerda. (Id. at p. 2:5.) Plaintiffs’ most recent attempt to
schedule the deposition was a letter sent to the PMK on September 16, 2022,
which has gone unanswered. (Id. at pp. 2:27–28, 3:1–3.)
Despite multiple
attempts at deposing Third Party’s PMK, Plaintiff has been unable to depose
him. Nearly a year has since passed without Plaintiffs being able to the depose
the PMK.
Plaintiffs move
the Court to: (1) compel the PMK to appear and testify at deposition within 30
days of issuance of the Court’s Order; and (2) award monetary sanctions against
Broadway Imaging, Inc. in the amount of $2,660.00, payable to Plaintiff
Allstate Insurance Company. (Motion, p. 4:11–14.)
Neither Third Party nor Defendants have filed an opposition or
other response to the Motion.
The evidence before the Court is that the delay of Plaintiffs’
deposition of Third Party’s PMK has been unreasonable. Moreover, there is no
evidence before the Court that compelling Third Party’s PMK would prejudice
Third Party or Defendants.
The Court GRANTS Plaintiffs’ Motion. The Court orders Third Party
Broadway Imaging, Inc. to make its person most qualified available within 30
days of the issuance of this Order.
In addition, the Court
awards sanctions in favor of Plaintiff Allstate Insurance Company and against
Third Party Broadway Imaging, Inc. However, while the Court finds that the
$60.00 in filing fees are reasonable as costs, the Court does not find it
reasonable that Plaintiffs’ Counsel spent 5.5 hours at $400 per hour on this
Motion. (Decl. Hasegawa, ¶ 5.) The Court will award $1,000.00 in fees and
$60.00 in costs, for a total amount of $1,060.00.
III. Conclusion
Plaintiffs’ Motion to Compel
Deposition of the Person Most Knowledgeable for Broadway Radiology, Inc. and
for Monetary Sanction is GRANTED.
Third Party
Broadway Imaging, Inc. is ORDERED to make its person most qualified available
within 30 days of the issuance of this Order.
Plaintiff Allstate
Insurance Company is AWARDED $1,060.00 in sanctions against Third Party
Broadway Imaging, Inc.