Judge: Shirley K. Watkins, Case: 22VECV00060, Date: 2023-04-20 Tentative Ruling

Case Number: 22VECV00060    Hearing Date: April 20, 2023    Dept: T



22VECV00060 JOE VERNON RELEFORD, JR. vs RANDALL M. AWAD,

 

Tentative order:  Motion to Compel

 

No opposition has been filed.

 

Motion to compel deposition of Randall Awad:  Granted.  Mr. Awad must appear for deposition in person as follows:  __________________.

 

Motion to compel production of documents of Randall Awad: Granted.  Mr. Awad must produce the following documents by copying and delivering to counsel for plaintiff within 10 days of service of this order if by personal delivery to his office, 12 days if served by email to mail@randyawad.com and randy@awadlawgroup.com or 15 days if served by US mail: 

 

(1) Copy of the retainer signed by PLAINTIFF in relation to YOUR representation for Case No. 19STCV46458;

(2) ALL DOCUMENTS and WRITINGS relating to advances provided to PLAINTIFF relating to the incident of September 11, 2018, in which PLAINTIFF was involved in;

(3) ALL DOCUMENTS and WRITINGS relating to advanced provided to PLAINTIFF relating to Case No. 19STCV46458;

(4) Copies of any medical bills and/or invoices relating to incident of September 11, 2018, in which PLAINTIFF was involved in;

(5)  copy of any and all medical bills and/or invoices relating to Case No. 19STCV46458;

(6) Copies of any medical liens relating to incident of September 11, 2018, in which PLAINTIFF was involved in;

(7) Copy of any and all medical liens relating to Case No. 19STCV46458; (8) ALL DOCUMENTS and WRITINGS regarding negotiations of PLAINTIFF’s medical lien relating to the incident of September 11, 2018, in which PLAINTIFF was involved in;

(9) ALL DOCUMENTS and WRITINGS regarding negotiations of PLAINTIFF’s medical lien relating to Case No. 19STCV46458;

(10) Copies of payments made to medical providers relating to the incident of September 11, 2018, in which PLAINTIFF was involved in; and,

(11) Copies of payments made to medical providers relating to Case No. 19STCV46458.

 

These records have been the subject of discussion between counsel and the court.  Mr. Awad was previously reminded that even without a request to produce or a court order, he has a legal obligation to provide his client with a copy of his file.

 

Monetary sanctions are awarded pursuant to CCP section 2025.450(g)(1) for discovery abuse without substantial justification in favor of plaintiff and against defendant Randall Awad in the sum of $2,850.55 made payable by check or money order to the Client Trust Account of Albert Abkarian & Associates, 3827 Ocean View Blvd., Montrose, CA 91020 by 5/18/2023.

 

Tentative ruling: OSC re sanctions

 

On 3/6/2023, the court issued the following:  Order to Show Cause Re: re CCP177.5 sanctions against Randall Awad in the sum of $500 for violation of court order dated 11/9/2022, failing to: attend MSC, call the court on 3/6/3023, file MSC brief, return 2 calls and email from Judge Bacigalupo, is scheduled for 04/20/2023 at 08:30 AM in Department T at Van Nuys Courthouse East. Randall M. Awad is ordered to appear at the hearing on 04/20/2023. Appearances may be made remotely via LACourtConnect or in person. Written response to OSC is required to be filed no later than five court days prior to the OSC pursuant to CRC 3.110(i).

 

In violation of the 3/6/2023 order, no written response was filed by Mr. Awad to the OSC.  The court issues monetary sanctions against Mr. Awad in the sum of $500 payable forthwith to the Clerk of the Court.

 

Because of Mr. Awad’s refusal to attend the MSC, attend his deposition, produce documents, and file written response to the OSC, the court will report this matter to the State Bar of California as to whether he has abandoned the case or whether he should be investigated for his repeated refusals to comply with court orders (failure to attend MSC, failure to respond to OSC) and his discovery obligations (failure to attend deposition, failure to meet and confer, failure to oppose motions).