Judge: Stephen I. Goorvitch, Case: 21STCV23254, Date: 2022-08-31 Tentative Ruling

Case Number: 21STCV23254    Hearing Date: August 31, 2022    Dept: 39

Will Lightburne v. Tony Bland, et al.
Case No. 21STCV23254

Motions to Compel

Motion to Deem Admitted

            Plaintiff filed this complaint to enforce and collect money due on a Medi-Cal creditor’s claim, under Welfare and Institutions Code section 14009.5.  In brief, Plaintiff alleges as follows:  Barbara Harris, also known as Barbara Jean Harris, died on or about January 14, 2016, while in possession of real and personal property with an approximate value of $537,339.  (Complaint, ¶¶ 3, 20, 23.)  The Department of Health Care Services (the “Department”) paid for Ms. Harris’s healthcare through Medi-Cal.  (Complaint, ¶ 20.)  Specifically, the Department paid a total of $61,198.15 for Ms. Harris’s healthcare.  (Complaint, ¶ 21.)  Now, Plaintiff seeks payment of this amount plus costs and interest from Defendants.

            Pursuant to Welfare and Institutions Code section 14009.5 and California Code of Regulations, title 22, section 50961, when certain decedents have received health care services under Medi-Cal and payments for their health care premiums have been made under Medi-Cal, the Department shall claim reimbursement for these payments.  Reimbursement shall be claimed from the estate of the decedent or from any recipient of the decedent’s property by distribution or survival, and shall be in an amount equal to the payments for health care premiums and health care services provided to the decedent, or the value of the property received by any recipient from the decedent by distribution or survival, whichever is less. 

            Plaintiff moves to compel responses from Defendant Steven Gant (“Defendant”) to Special Interrogatories, Set One (“SROG”) and Requests for Production, Set One (“RPD”)  Plaintiff also moves to deem the matters specified in the Requests for Admission, Sets Two and Three (“RFAs”) to be admitted against Defendant Steven Gant. 

            Plaintiff served the RPDs and the SROGs on June 15, 2022, by mail, which means Defendant’s responses were due on or before July 20, 2022.  As of the date of these motions, Defendant has not provided verified responses.  Therefore, the motions to compel are granted.  Plaintiff seeks sanctions against Defendant Steven Gant in the amount of $460 for each motion, plus another $800 for the hearing.  The Court grants the request for sanctions, finding that Defendant Steven Gant’s failure to provide discovery responses constitutes an abuse of the discovery process warranting sanctions.  The Court orders Defendant Steven Gant to pay sanctions in the amount of $870, based upon three attorney hours at a reasonable billing rate of $250 per hour plus two filing fees of $60 each. 

            Plaintiff served the RFAs on March 23, 2022, and June 30, 2022.  (Declaration of Neo Khuu, ¶¶ 2, 4.)  Defendant Steven Gant filed a declaration—which the Court will interpret as an opposition—stating that he was never served with the RFAs.  (Declaration of Steven Gant, ¶ 4.)  Plaintiff’s counsel provides no tracking or other evidence demonstrating that these RFAs were delivered to Defendant.  Therefore, the Court continues the hearing on the motion to deem admitted in order to resolve this discrepancy. 

            Based upon the foregoing, the Court orders as follows:

            1.         The Court grants Plaintiff’s motions to compel.  Defendant Steven Gant shall provide verified responses, without objections, to the RPDs and SROGs within thirty (30) days.  The Court shall hold a compliance hearing on October 14, 2022, at 8:30 a.m. 

            2.         The Court continues the hearing on Plaintiff’s motion to deem the RFAs to be admitted against Defendant Steven Gant to October 14, 2022, at 8:30 a.m.

            3.         Plaintiff shall re-serve the RFAs by certified mail or overnight delivery with tracking through the U.S. Postal Service or a private carrier on or before September 2, 2022.  Defendant Steven Gant shall provide verified responses, without objections on or before October 5, 2022.  Plaintiff’s counsel shall file a declaration on or before October 11, 2022, informing the Court whether Defendant Steven Gant has provided code-compliant responses and shall attach any responses.

            4.         Per Plaintiff’s requests for sanctions, the Court orders Defendant Steven Gant to pay Plaintiff, by and through Plaintiff’s counsel, sanctions in the amount of $870 within thirty (30) days.

            5.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.