Judge Ralph C. Hofer, Case Number: 23BBCV00001, Date: 2024-01-05 Tentative Ruling

Plaintiff and decedent Alberd Ishoo, through his successor in interest, his daughter, Sinla Ishoo, alleges that decedent passed away as a result of injuries caused by abuse and neglect while decedent was a patient at defendant Providence Saint Joseph Medical Center in Burbank.

The complaint alleges that decedent, a dependent adult, was taken to Providence St. Joseph on December 26, 2021, after becoming weak and non-responsive at home, and was admitted to the hospital and was diagnosed with an acute intracranial hemorrhage. The complaint alleges that upon admission, decedent had an altered level of consciousness, was exhibiting aphasia, and was entirely dependent upon defendants for mobility and transferring and was repeatedly assessed as at an increased risk for developing pressure ulcers. The complaint alleges that despite documentation that decedent needed to be turned, repositioned, and requiring the application of barrier creams, decedent developed pressure ulcers, which progressed through stages to a point where a pressure ulcer was unstageable. It is also alleged that defendants failed to flush, and ensure a catheter was in place and hygienic, as a result of which on February 2, 2022, decedent went into septic shock due to an infection from his penis and urinary tract and continued to develop further pressure ulcers.

The complaint alleges that in March of 2022, decedent was transferred to a skilled nursing facility, where decedent received wound care and the wounds, which had grown into a connected wound, began to heal, but the condition of the wound caused significant pain and suffering, and left decedent susceptible to further infection. The complaint alleges that in July of 2022, the wounds and injuries which had developed due to defendant’s neglect required decedent’s body to divert critical health resources to the healing of the injuries caused by defendant, and significantly compromised his overall health, as a result of which decedent passed away on October 2, 2022, and that the injuries caused by defendants were a substantial factor in causing decedent’s premature death.

The further supplemental responses are attached as Exhibits to the Best Declarations, show they were served on December 29, 2023, since the filing of the motions on December 14, 2023, and are verified. [Best Decls., paras. 2, and Exs.]. The motions are accordingly moot.

CCP § 2030.300 (d) provides that the court “shall impose a monetary sanction...against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” A similar provision applies to document demands. CCP § 2031.310 (h).

Under CCP § 2023.010, misuse of the discovery process includes “(d) Failing to respond or to submit to an authorized method of discovery;” and “(f) Making an evasive response to discovery.” Where there has been a misuse of the discovery process, under Section 2023.030(a), the court “may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.”

Here, a cursory review of the separate statements shows that the discovery responses and supplemental discovery responses served prior to the filing of the motions were not code compliant, did not provide all information which was represented would continue to be pursued, and appear evasive. These responses necessitated bring the motions to compel further responses.

Defendant in the oppositions argues sanctions should not be awarded because defendant has not abused the discovery process but has provided further supplemental responses. This argument does not justify the evasive responses provided before motions to compel appropriate responses were finally filed.

Defendant also argues that the declarations in support of the motions fail to set forth facts supporting the amount of sanctions sought. The declarations each state in sufficient detail that two hours were spent meeting and conferring and preparing the moving papers, and one hour was expected to be spent drafting the reply and attending the hearing. [Sobati Decls., paras. 8]. The sanctions are properly requested.

The sanctions sought are $1,500, which are reasonable, and the opposition does not challenge any specific items sought or the billing rate. However, the court will take into account that in light of the service of supplemental responses, any replies should be brief, and that the two motions will be heard together. The court adjusts sanctions awarded accordingly as follows: no attorney hours for the reply and one-half to attend the hearing remote for total attorney hours of 2.5 hours at $500.00 per hour for total attorney fees of $1,250.00.

Plaintiff’s Motion to Compel Further Responses to Special Interrogatories, Set One, from Defendant Providence Health & Services dba Providence Saint Joseph Medical Center is MOOT in light of the service of further supplemental verified responses on December 29, 2023.

Monetary sanctions requested by moving party: Utilizing a lodestar approach, and in view of the totality of the circumstances, the Court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with the pending motion is $1,250.00 (2.5 hours @ $500/hour) (3 hours requested ) [Amount Requested $1,500], which sum is to be awarded in favor of plaintiff Alberd Ishoo, through his Successor in Interest, Sinla Ishoo, and against defendant Providence Health & Services dba Providence Saint Joseph Medical Center, payable within 30 days. CCP §§ 2030.300(c), 2023.010 (e) and (f), and 2023.030(a), and CRC Rule 3.1030(a).

Plaintiff’s Motion to Compel Further Responses to Request for Production, Set One, from Defendant Providence Health & Services dba Providence Saint Joseph Medical Center is MOOT in light of the service of further supplemental verified responses on December 29, 2023.

Monetary sanctions requested by moving party: Utilizing a lodestar approach, and in view of the totality of the circumstances, the Court finds that the total and reasonable amount of attorney’s fees and costs incurred for the work performed in connection with the pending motion is $1,250.00 (2.5 hours @ $500/hour) (3 hours requested ) [Amount Requested $1,500], which sum is to be awarded in favor of plaintiff Alberd Ishoo, through his Successor in Interest, Sinla Ishoo, and against defendant Providence Health & Services dba Providence Saint Joseph Medical Center, payable within 30 days. CCP §§ 2031.310 (h), 2023.010 (e) and (f), and 2023.030(a), and CRC Rule 3.1030(a).

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