Judge: Salvatore Sirna, Case: 24PSCV00010, Date: 2024-06-18 Tentative Ruling

Case Number: 24PSCV00010    Hearing Date: June 18, 2024    Dept: G

Plaintiff Salloum Makhamre’s Motion Compelling Riverside Community Hospital’s Compliance with Deposition Subpoena and Request for Monetary Sanctions

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Salloum Makhamre’s Motion Compelling Riverside Community Hospital’s Compliance with Deposition Subpoena is GRANTED and Riverside Community Hospital is ordered to serve Plaintiff Salloum Makhamre’s complete radiology records on Plaintiff Salloum Makhamre within twenty (20) days of the issuance of this order.

Furthermore, Riverside Community Hospital is ordered to pay $500.00 in sanctions to Plaintiff Salloum Makhamre within ten (10) days of the issuance of this order.

BACKGROUND

This is an action for elder abuse and negligence. In December 2022, Plaintiff Salloum Makhamre was admitted to Defendant Mountain View Centers (MVC) for care after receiving medical treatment for fall-related injuries. At the time of admission, Makhamre suffered from memory loss and dementia. Makhamre alleges MVC failed to provide proper care to Makhamre which included preventing Makhamre from falling. As an alleged result, Makhamre had another fall and suffered an intracranial bleed which required surgical intervention.

On January 2, 2024, Makhamre, by and through Basma Makhamre as successor-in-interest, filed a complaint against Defendants MVC, Smita T. Sanghvi, and Does 1-250, alleging causes of action for (1) elder abuse and (2) negligence.

On March 28, 2024, Makhamre filed the present motion. A hearing on the present motion is set for June 18, 2024, along with a case management conference and OSC Re: Sanctions.

ANALYSIS

Makhamre moves to compel non-party Riverside Community Hospital (RCH)’s compliance with a deposition subpoena for Makhamre’s medical records. For the following reasons, the Court GRANTS Makhamre’s motion.

Legal Standard

A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (Code Civ. Proc., § 2020.010.) A deposition subpoena may command: (1) only the attendance and testimony of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (Code Civ. Proc., § 2020.020.) Service of a deposition subpoena shall be done with sufficient time in advance of the deposition to provide the deponent a reasonable opportunity to locate and produce any designated documents and, where personal attendance is commanded, a reasonable time to travel to the place of deposition. (Code Civ. Proc., § 2020.220, subd. (a).) Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so specifies; to produce any specified documents; and to appear at a court session if the subpoena so specifies. (Code Civ. Proc., § 2020.220, subd. (c).)

If a deponent fails to appear or produce requested documents for a deposition, the deposing party may file a noticed motion to compel deponent’s compliance. (Code Civ. Proc., § 1987.1, subd. (a).) A deponent who disobeys a deposition subpoena may also be punished for contempt without the necessity of a prior court order court directing compliance. (Code Civ. Proc., § 2020.240.) A noncompliant deponent may also be ordered to pay $500 to the deposing party in addition to any damages the deposing party incurred as a result of the deponent’s failure to attend the deposition. (Code Civ. Proc., § 2020.240, citing Code Civ. Proc., § 1992.)

Discussion

On February 15, 2024, Makhamre served a deposition notice and subpoena on RCH requesting all documents or records relating to Makhamre and setting a deposition for March 12, 2024. (Garcia Decl., ¶ 3, Ex. 1.) While RCH provided medical and billing records on March 11, 2024, Makhamre’s counsel states they failed to provide radiology records or attend the March 12 deposition. (Garcia Decl., ¶ 4-5.) On March 20, 2024, RCH’s custodian of records, Dawn Stroud, spoke to Makhamre’s counsel over the telephone and stated a refusal to comply with the subpoena. (Garcia Decl., ¶ 6.)

On March 28, 2024, Makhamre filed the present motion and personally served RCH’s custodian of records with notice of the motion on March 29, 2024. The Court is not in receipt of any timely opposition from RCH. Because RCH failed to appear and comply with the deposition subpoena, Makhamre’s motion to compel is GRANTED.

Makhamre also requests the Court impose monetary and contempt sanctions for RCH’s failure to comply with the deposition subpoena. While the Court declines to issue contempt sanctions, the Court will award Makhamre $500.00 in sanctions pursuant to Code of Civil Procedure sections 2020.240 and 1992.

CONCLUSION

Based on the foregoing, Makhamre’s motion to compel compliance is GRANTED and RCH is ordered to provide Makhamre’s complete radiology records to Makhamre within twenty (20) days of the issuance of this order.

Furthermore, RCH is ordered to pay $500.00 in sanctions to Makhamre within ten (10) days of the issuance of this order.