Judge: William A. Crowfoot, Case: 20STCV17685, Date: 2022-10-21 Tentative Ruling

Case Number: 20STCV17685    Hearing Date: October 21, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 8, 2020, plaintiff Olga Hernandez (“Plaintiff”) filed this medical malpractice action against defendant Cedars-Sinai Medical Center (“Defendant”). Plaintiff additionally named Palmdale Regional Medical Center and John Doe, M.D., John Doe M.D. 2, and John Doe M.D. 3 (collectively, the “Doe Doctors”) as defendants. Plaintiff alleges that on or about some date in 2018, and continuing through an unknown date, the Doe Doctors failed to notice a necklace near her intestines during a surgical procedure and left it inside of her at the completion of the procedure. (Compl., ¶¶ 8, 10, 12.)  On April 4, 2022, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One) on Plaintiff.  Despite granting multiple extensions, Plaintiff did not serve responses.  Defendant filed its motions on September 27, 2022. 

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; 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 product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) 

Plaintiff did not oppose the Motion and it is undisputed responses were not served.  Defendant’s motions are GRANTED and Plaintiff is ordered to serve verified responses without objections to Defendant’s Form Interrogatories (Set One), Special Interrogatories (Set One) and Request for Production of Documents (Set One) within 20 days of the date of this Order.

The Code of Civil Procedure provides that the court shall impose a monetary sanction against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust.  (Code Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).)  Plaintiff did not oppose this motion and did not show how she acted with substantial justification or why sanctions would otherwise be unjust. 

Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff in the reduced amount of $780 for 3 hours at defense counsel’s hourly rate of $200.00 and $180.00 in filing fees, to be paid within 20 days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.