Judge: Virginia Keeny, Case: 20STCV37024, Date: 2022-10-03 Tentative Ruling

Case Number: 20STCV37024    Hearing Date: October 3, 2022    Dept: W

The Estate of Sossy Ayvazian v. hospital corporation of america dba west hills hospital and medical center, et al.

MOTIONS TO COMPEL RESPONSES TO special INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS; REQUESTS FOR MONETARY SANCTIONS

Date of Hearing:  October 3, 2022                        Trial Date: March 13, 2023

Department:  W                                                        Case No.: 20STCV37024

Moving Party: Defendant Robert Hanson, M.D.

Responding Party:  None

BACKGROUND

This is an action for elder abuse and negligence arising from a stroke and ultimately the death of Sossy Ayvazian (“Decedent”) on March 22, 2019.  Plaintiffs Tamar Ayvazian, Lena Ayvazian, and Carmen Ayvazian-Khotsikian are the heirs and children of Decedent.

Plaintiffs The Estate of Sossy Ayvazian, Tamar Ayvazian (“Tamar”), Lena Ayvazian (“Lena”), and Carmen Ayvazian-Khotsikian (“Carmen”) (collectively “Plaintiffs”) filed the complaint on September 28, 2020 against Defendants Hospital Corporation of America dba West Hills Hospital and Medical Center (“West Hills Hospital”), David J. Furoy, M.D. (“Dr. Furoy”), Robert K. Hanson, M.D. (“Dr. Hanson”), and Does 1 through 100 alleging: (1) elder/dependent adult abuse and (2) medical negligence – wrongful death.  Plaintiffs corrected the name from “David” to “Daniel” by filing an amendment on July 7, 2021.

Defendant Dr. Hanson now moves for court orders compelling Plaintiff Tamar to serve answers without objections to Special Interrogatories (Set One) and compelling Plaintiffs Lena and Carmen to serve answers without objections to Special Interrogatories (Set One) and Request for Production of Documents (Set One).  Defendant seeks monetary sanctions in the amount of $1,161.65 for each motion.

[Tentative] Ruling

1.    Defendant Dr. Hanson’s Motions to Compel Responses to Special Interrogatories from Plaintiffs Tamar Ayvazian, Lena Ayvazian, and Carmen Ayvazian-Khotsikian are GRANTED.

2.    Defendant Dr. Hanson’s Motions to Compel Responses to Requests for Production of Documents from Plaintiffs Lena Ayvazian, and Carmen Ayvazian-Khotsikian are GRANTED.

3.    Defendant Dr. Hanson’s Requests for Monetary Sanctions are GRANTED.

LEGAL STANDARD

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (CCP §§ 2030.290, 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)  A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work produce.  (CCP §§ 2030.290(a), 2031.300(a).)  Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations.  (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 404.)

DISCUSSION

Compel Responses

On December 27, 2021, Defendant Dr. Hanson served Special Interrogatories on Plaintiffs Tamar, Lena, and Carmen and Request for Production of Documents on Plaintiffs Lena and Carmen.  (Motions, James Decls., ¶ 3, Exs. A.)  When no responses were received, Defendant’s counsel sent an email to Plaintiff’s counsel on June 24, 2022, requesting responses by July 1, 2022.  (Id., ¶ 4, Ex. B.)  To date, Plaintiffs have failed to serve any responses.  (Id., ¶ 6.)

As Defendant Dr. Hanson properly served the discovery requests on Plaintiffs and Plaintiffs have failed to serve responses, Defendant is entitled to court orders compelling Plaintiffs to serve verified responses without objections to the subject discovery requests.

Accordingly, the motions to compel responses to Special Interrogatories and Request for Production of Documents are granted.

Plaintiff Tamar Ayvazian is ordered to serve verified responses without objections to Special Interrogatories (Set One) within 20 days of notice of this order.

Plaintiffs Lena Ayvazian and Carmen Ayvazian-Khotsikian are ordered to serve verified responses without objections to Special Interrogatories (Set One) and Request for Production of Documents (Set One) within 20 days of notice of this order.

Sanctions

Defendant Dr. Hanson requests monetary sanctions in the amount of $1,161.65 for each motion.

As the motions are granted, Defendant’s requests for monetary sanctions are granted.  However, the Court finds the requested amounts are unreasonable.  The Court thus awards sanctions in the amount of $391.65 (1.5 hour at $220 per hour, plus $61.65 in filing fees) for each motion.

Accordingly, Plaintiff Tamar Ayvazian and her counsel of record are ordered to pay sanctions in the amount of $391.65, jointly and severally, within 30 days of notice of this order.

Plaintiffs Lena Ayvazian and Carmen Ayvazian-Khotsikian, along with their counsel of record, are each ordered to pay total sanctions in the amount of $783.30, jointly and severally, within 30 days of notice of this order.