SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

AMY TAKII, et al.,
Plaintiff(s),
vs.
KENNETH R. PURDOM, M.D., et al.,
Defendant(s). )
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) Case No.: BC510026

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTIONS TO COMPEL

Dept. 92
1:30 p.m. — #26
May 12, 2014

Defendant, Presbyterian Intercommunity Hospital’s Motions to Compel are Granted. Plaintiff, Avery Takii is ordered to serve verified responses to the outstanding discovery, without objections, within ten days. Defendant’s Motion to Deem RFAs Admitted is Granted. Defendant’s Request for Sanctions is Granted in the Reduced Amount of $1700. Plaintiff’s Attorney of Record is Ordered to Pay Sanctions to Defendant, by and through Counsel of Record, in the Amount of $1700.

Defendant propounded special interrogatories (sets one and two), form interrogatories, RFAs, and RPDs on Plaintiff, Avery Takii on 7/29/13. To date, despite meet and confer efforts, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery. Defendant also seeks an order deeming the RFAs admitted.

Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories (sets one and two) and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b). The RFAs are deemed admitted. §2033.280(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c), 2033.280(c). Defendant seeks sanctions in varying amounts in connection with the five motions. The Court finds one hour to prepare each of these form motions to compel is sufficient to compensate Defendant. No opposition was filed, and therefore no time to review the opposition or prepare a reply was necessary. The Court finds only one appearance is necessary for the hearing on the five motions, and finds a total of three hours is reasonable to compensate Defendant; Defendant seeks to recover six hours of attorney time, but the Court finds it is not reasonable to punish Plaintiff for Defendant’s choice to retain counsel located in Orange County. The Court therefore awards a total of eight hours of attorney time at $175/hour, or $1400 in attorneys’ fees. The Court also awards five filing fees of $60 each, or $300 in costs. Notably, Defendant seeks sanctions solely against Plaintiff’s attorney of record, not against Plaintiff personally. Sanctions are therefore awarded against Counsel only.

Dated this 12th day of May, 2014

Hon. Elia Weinbach
Judge of the Superior Court