16-CIV-01701 ED RODEMEYER, ET AL. VS. SILICON SEGWAY, ET AL.

ED RODEMEYER SILICON SEGWAY
WILLIAM C. DRESSER JEFFREY S. BEHAR

MOTION TO COMPEL DEFENDANTS JIM HELDBERG AND PROFESSIONAL COMPUTING SOLUTIONS, INC. DBA SILICON SEGWAY TO PRODUCE INDEPENDENT MEDICAL EXAMINER REPORT(S) BY BONNIE RODEMEYER, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF EDWARD E. RODEMEYER, JR. AND PROPOSED ADDITIONAL PLAINTIFFS KRISTINA L. NELSON, MICHAEL J. RODEMEYER AND EDWARD E. RODEMEYER, III TENTATIVE RULING:

The Motion of Plaintiff Bonnie Rodemeyer (“Plaintiff”) and proposed additional Plaintiffs Kristina L. Nelson, Michael J. Rodemeyer and Edward E. Rodemeyer, III (“proposed Plaintiffs”) to Compel Defendants Jim Heldberg and Professional Computing Solutions, Inc. dba Silicon Segway (“Defendants”) to Produce Independent Medical Examiner (“IME”) Report is ruled on as follows:

This motion purports to be brought by the proposed Plaintiffs, who are not yet parties to this action. Therefore, they have no standing to bring this motion. Accordingly, the Court treats this motion as brought solely by Plaintiff.

Plaintiff’s motion is GRANTED. Defendants contend that this motion is moot because Defendant’s IME report by Dr. Lee has now been produced to Plaintiff. Dr. Lee’s report includes an appendix though, which has not been provided to Plaintiff. (See Reply Dresser Decl., ¶12 and Exh. K.) Defendants are ordered to produce the appendix to Plaintiff.

Plaintiff also seeks prior drafts of Dr. Lee’s report. It appears that the draft to which Plaintiff is referring is the unedited report prepared with voice dictation software by Dr. Lee. (See Reply Dresser Decl., Exh. K, p.2.) Plaintiff fails to show that Dr. Lee is required to provide this unedited report or prior drafts of his report. (See C.C.P.§2032.610(a).) Therefore, this part of the motion is DENIED.

Defendants are ordered to produce the appendix for Dr. Lee’s report to Plaintiff by April 1, 2019.

Defendants and Defendants’ counsel are further ordered to pay monetary sanctions of $1,260.00 to Plaintiff by April 15, 2019.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.

LINE: 2 16-CIV-01701 ED RODEMEYER, ET AL. VS. SILICON SEGWAY, ET AL.

ED RODEMEYER SILICON SEGWAY
WILLIAM C. DRESSER JEFFREY S. BEHAR

MOTION TO COMPEL DEFENDANT JIM HELDBERG DBA SILICON SEGWAY TO SERVE VERIFIED ANSWERS TO FIRST SET OF SPECIAL INTERROGATORIES AND FOR ISSUANCE OF MONETARY SANCTIONS BY BONNIE RODEMEYER, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF EDWARD E. RODEMEYER, JR. AND PROPOSED ADDITIONAL PLAINTIFFS KRISTINA L. NELSON, MICHAEL J. RODEMEYER AND EDWARD E. RODEMEYER, III TENTATIVE RULING:

The Motion of Plaintiff Bonnie Rodemeyer (“Plaintiff”) and proposed additional Plaintiffs Kristina L. Nelson, Michael J. Rodemeyer and Edward E. Rodemeyer, III (“proposed Plaintiffs”) to Compel Defendant Jim Heldberg dba Silicon Segway to Serve Verified Answers and for Issuance of Monetary Sanctions is ruled on as follows:

This motion purports to be brought by the proposed Plaintiffs, who are not yet parties to this action. Therefore, they have no standing to bring this motion. Accordingly, the Court treats this motion as brought solely by Plaintiff.

Plaintiff’s motion is DENIED. Plaintiff seeks to compel verified answers to special interrogatories from “Jim Heldberg dba Silicon Segway.” However, it appears that no such “dba” exists. Although the First Amended Complaint named as a defendant “Jim Heldberg dba Silicon Segway,” the Answer to the First Amended Complaint, filed on May 17, 2017, was on behalf of “Defendants Professional Computing Solutions, Inc. dba Silicon Segway, erroneously sued and served herein as Jim Heldberg dba Silicon Segway; and Jim Heldberg, individually.” Both Jim Heldberg, individually, and Professional Computing Solutions, Inc. dba Silicon Segway, have already provided verified answers to Plaintiff’s special interrogatories.

Plaintiff’s Request for Monetary Sanctions is DENIED.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.