Case Number: BC537325    Hearing Date: September 15, 2014    Dept: 93

Superior Court of California
County of Los Angeles
Department 93

GREGORY CAMPBELL,

Plaintiff(s),
v.

CEDARS SINAI MEDICAL CENTER, et al.,

Defendant(s).
Case No.: BC537325

Hearing Date: September 15, 2014

[TENTATIVE] RULING RE:
DEFENDANT CEDARS SINAI HOSPITAL’S (1) MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; (2) MOTION TO COMPEL PLAINTIFF TO RESPOND TO FORM AND SPECIAL INTERROGATORIES; (3) MOTION TO COMPEL PLAINTIFF TO RESPOND TO REQUEST FOR PRODUCTION; AND (4) MOTION TO COMPEL PLAINTIFF’S DEPOSITION

Defendant Cedars Sinai Hospital’s (1) Motion to Deem Requests for Admission Admitted; (2) Motion to Compel Plaintiff to Respond to Form and Special Interrogatories; and (3) Motion to Compel Plaintiff to Respond to Request for Production are GRANTED. Plaintiff is ordered to respond the Form Interrogatories, Special Interrogatories, and Request for Production of Documents without objection, within 15 days of service of notice of this order. However, Defendant’s Motion to Compel Plaintiff’s Deposition is DENIED without prejudice for failure to comply with the meet and confer requirement, pursuant to CCP Section 2025.450(b)(2).

Motions to Compel Responses to Form Interrogatories, Special Interrogatories, Request for Production of Documents, and to Deem Requests for Admission Admitted
Defendant served Requests for Admission, Form Interrogatories, Special Interrogatories, and Request for Production of Documents on Plaintiff on April 30, 2014 by mail. (Motion, Firth Decl. (“Firth Decl.”) ¶2 and Exh. A.) Plaintiff’s responses were due within 30 days, plus five days for service by mail (June 5, 2014). (CCP §§, 2033.250(a), 2030.260(a), 2031.260(a), and 1013(a); Firth Decl. ¶3.) No responses were provided, so on June 11, 2014, defense counsel sent a letter to Plaintiff’s counsel requesting responses to the requests for written discovery. (Firth Decl. ¶4 and Exh. B.) As of the filing of the motion on August 8, 2014, Plaintiff has not provided responses. (Firth Decl. ¶5.)

Accordingly, this Court grants the Motion to Compel Plaintiff to respond to Defendant’s Form Interrogatories, Special Interrogatories, Request for Production of Documents, without objection. (CCP, §§ 2030.290(a), 2031.300(b).) Defendant is also entitled to an order deeming the requests for admission admitted. (CCP, §§ 2033.280(b)-(c).)

Motion to Compel Deposition

CCP Section 2025.450(a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

Also, a motion to compel deposition shall be accompanied by a meet and confer declaration under CCP Section 2016.040. (CCP, § 2025.450(b)(2).) If a motion to compel deposition is granted, the court shall impose a monetary sanction “unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP, § 2025.450(g)(1).)

Defendant served Plaintiff with a notice of deposition on April 30, 2014, setting the deposition for June 27, 2014. (Firth Decl. ¶¶2-3 and Exh. A.) Plaintiff did not object to, or appear for, his deposition on June 27, 2014. (Firth Decl. ¶3.) Defendant, however, has not demonstrated that it met and conferred with Defendant following his non-appearance, as required by CCP Section 2025.450(b)(2).). (See Firth Decl.)

Therefore, the motion to compel Plaintiff’s deposition is denied without prejudice.

Defendant is ordered to give notice.

DATED: September 15, 2014
_________________________
Hon. Gail Ruderman Feuer
Judge of the Superior Court