Case Number: BC649665 Hearing Date: December 27, 2018 Dept: 3

JOAQUIN ALVAREZ, ET AL.,

Plaintiff(s),

vs.

TRACEY MARIE MOSSBERG, ET AL.,

Defendant(s).

CASE NO: BC649665

[TENTATIVE] ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

December 27, 2018

1. Motions to Compel Responses to Discovery

Defendant propounded form interrogatories, special interrogatories, and RPDs on Plaintiffs on 5/19/7. To date, despite multiple extensions of time to respond and attempts to meet and confer, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendant’s motions are granted. Plaintiffs are ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

2. Motion to Compel IME

On 5/24/18, Defendant propounded a notice of IME, setting Plaintiff, Delgado’s examination for 6/26/18 at 1:30 p.m. in the office of Arthur Kreitenberg, M.D. At Plaintiff’s request, the IME was rescheduled to 7/24/18. Plaintiff did not object to the IME, but did not appear at the IME. Defense Counsel and Plaintiff’s attorney talked after the missed IME, but it was not rescheduled. At this time, Defendant moves to compel Plaintiff’s IME. Defendant also seek an order imposing sanctions.

Defendant seeks to compel the IME per CCP §2032.240. The motion is granted. Counsel are ordered to meet and confer to choose a mutually agreeable date and time for the IME to go forward. If Counsel are unable to agree to a date and time within five days, Defendant may unilaterally set Delgado’s IME with at least five days’ notice (extended per Code if by other than personal service).

The Court notes that Defendant has set forth the proposed scope of the examination, as well as the manner, conditions, and nature of the examination, in the prior notice of IME, and that the scope of the examination may not be expanded in connection with the compelled IME.

3. Sanctions

Sanctions are mandatory. §§2030.290(c), 2031.300(c), 2032.240(c). Defendant seeks sanctions in varying amounts in connection with the five discovery motions on calendar. Sanctions in connection with the motions to compel responses to discovery are sought against Plaintiffs and their attorney of record, jointly and severally. Sanctions in connection with the motion to compel IME are sought against Delgado only.

Defense Counsel bills at the rate of $200/hour. He does not break down the time spent on each motion by task, so the Court cannot evaluate whether the time billed is reasonable or not. The Court awards one hour to prepare each form discovery motion to compel responses. The Court awards 2.5 hours to prepare the motion to compel an IME. The Court awards one hour to meet and confer, as the meet and confer was extensive. There was no opposition filed, so no reply was necessary. The Court awards three hours to appear at the hearing.

The eight hours at $200/hour, plus four filing fees of $60 each, are imposed jointly and severally on Plaintiffs and their attorney of record. They are ordered to pay sanctions to Defendant, by and through her attorney of record, in the amount of $1840, within twenty days.

The remaining 2.5 hours of attorney time, $60 filing fee, and $1200 no-show fee is imposed on Delgado only. He is ordered to pay additional sanctions to Defendant, by and through her attorney of record, in the amount of $1760, within twenty days.

Defendant is ordered to give notice.