Judge: Stephen I. Goorvitch, Case: 21STCV25909, Date: 2024-02-07 Tentative Ruling

Case Number: 21STCV25909    Hearing Date: February 7, 2024    Dept: 39

Lori Conn v. Tracy Green, et al.

Case No. 21STCV25909

Motion to Compel

            The Court posts this tentative order on Friday, February 2, 2024, in advance of the hearing.  The Court provides notice: If Tracy Green does not appear at the hearing, she shall waive the right to be heard and the Court will issue this order. 

            Plaintiff filed this legal malpractice action against Tracy Green, Esq. and her law firm, Green & Associates, on July 14, 2021. Plaintiff alleged that “[she] had a meritorious and valuable medical malpractice cause of action” against Dr. John P. Beauclair, M.D., among others, but Ms. Green “negligently failed to file a Complaint in the Superior Court of Los Angeles on behalf of Plaintiff within the applicable statute of limitations.” Defendants were served via substituted service, care of Ms. Green’s secretary, on July 27, 2021. No answer or responsive pleading was filed, and a default judgment was entered on June 23, 2022.

Plaintiff’s counsel noticed a judgment debtor examination for April 7, 2023, at 8:30 a.m. The application and order for appearance and examination was personally served upon Ms. Green on February 28, 2023, but she did not appear at 8:30 a.m. as ordered by the Court. The Court second-called the matter at 9:14 a.m., but Ms. Green still did not appear. Nor did Ms. Green contact the Court’s clerk to alert him that she was delayed in making her appearance.  Therefore, the Court issued and held a bench warrant, and continued the judgment debtor examination to May 22, 2023.  The Court also issued an Order to Show Cause why the Court should not refer Green to the California State Bar Association for failing to appear, as ordered by the Court.

Green appeared on May 22, 2023, and the judgment debtor examination proceeded.  Green agreed to provide additional information, as noted in the transcript of the examination, and the Court retained jurisdiction for this reason.  On January 16, 2024, Plaintiff filed a motion to compel Green to provide the additional information.  Plaintiff also seeks $10,000 in discovery sanctions, as well as a bench warrant to require Ms. Green to appear and a referral to the California State Bar Association.             

The Court orders as follows:

1.         The Court grants the motion to compel and orders Tracy Green to provide the additional information, as noted in the “blank” spaces in the transcript, within thirty (30) days.

2.         The Court denies the request for sanctions, as the request does not identify any statutory basis for doing so. 

3.         The Court denies the motion for a bench warrant and a referral to the California State Bar Association without prejudice. 

4.         The Court sets a compliance hearing for April 10, 2024, at 8:30 a.m.  The Court orders Plaintiff’s counsel to file a status report on or before March 6, 2024, informing the Court whether Ms. Green has complied with this order.  If Green fails to comply with this order, absent good cause, the Court will consider referring her to the California State Bar Association and/or contempt proceedings, if appropriate.

5.         The Court sets a non-appearance case review for March 11, 2024, at 1:30 p.m. 

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