Case Number: 9. EC057367    Hearing Date: August 22, 2014    Dept: B

9. EC057367
LILIT ABRAMYAN v PHILIP ORMOND MERRRITT, M.D. et al
Motion for:
1. Order compelling Defendant to comply with agreement to produce tangible items responsive to Plaintiff’s request for production, set three; order imposing monetary sanctions of $3,382.50.
2. Order compelling Defendant to comply with agreement to produce tangible items responsive to Plaintiff’s request for production, set five; order imposing monetary sanctions of $3,382.50.
3. Order compelling Defendant to serve further responses to Plaintiff’s request for production, set four; order imposing monetary sanctions of $3,432.50
Case Management Conference

This case arises from the Plaintiff’s claim that the Defendants, Philip Merritt and Glendale Adventist, engaged in negligence when prosthetic knee implants were surgically implanted into her knee. Further, the Plaintiff claims that Defendant, Smith & Nephew, Inc., is liable for her injuries because the prosthetic knee implants were defective.
This hearing concerns the Plaintiff’s motions for orders regarding her requests for production. The Court set the hearing at a non-appearance case review on July 14, 2014. The Plaintiff served notice of the Court’s order and the hearing date on July 18, 2014.

1. Two Motions to Compel Compliance with Responses
The Plaintiff filed two motions to request orders directed the Defendant to comply with its response to her request for production. In set three, the Plaintiff requested the prosthetic implants used in her knee procedures on February 28, 2011 and March 11, 2011 (see exhibit 1). In set five, the Plaintiff requested the prosthetic implants used in her knee procedure on February 28, 2011 (see exhibit 1). The Defendant served responses in which it stated that it would produce these items (see exhibit 3).

The motions are moot because, after the motions were filed, the Defendants produced the implants. The opposition papers indicate that the Plaintiff’s counsel acknowledge this at a hearing on April 1, 2014.

However, the Plaintiff also requested that the Court impose monetary sanctions on the Defendant. Under CCP section 2031.320, the Court may impose reasonable monetary sanctions on the Defendant for its failure to comply with discovery. Since the Plaintiff incurred the fees and costs to draft these two motions before the Defendant produced the implants, the Plaintiff may recover her reasonable attorney’s fees.
The Plaintiff’s attorney, Marc McCulloch, provides facts in his declaration to demonstrate that he spent 3.5 hours at $395 on each motion, that his paralegal spent 1.5 hours at $75 on each motion, that the courier service is $50 for each motion, that he expects to spend 3 hours on each motion to review the opposition and preparing a reply, and that he expects to spend 1.5 hours at the hearing.
Since there is no opposition, the Court reduces the number of hours by three on each motion. Accordingly, the recommended amount of monetary sanctions for each motion is $2,137.50 (5 hours at $395 per hour, 1.5 hours at $75 per hour, and $50 for courier service).

2. Motion to Compel Further Responses
The Plaintiff requests an order compelling the Defendant to serve a further response to requests for production, numbers 13 to 19. These requests sought drawings of the prosthetic implants used in the procedures on February 28, 2011 and March 11, 2011. In response, the Defendant served only objections.

This motion is moot because the Defendant served further responses on March 28, 2014. The Defendant’s attorney, Litsa Georgantopoulos, states in paragraph 10 that the supplemental responses are attached as exhibit C to her declaration. In addition, the responses include the requested drawings.

However, the Plaintiff also requested that the Court impose monetary sanctions on the Defendant. Under CCP section 2031.310, the Court may impose reasonable monetary sanctions on the Defendant for its failure to comply with discovery. Since the Plaintiff incurred the fees and costs to draft this motion before the Defendant served the supplemental responses, the Plaintiff may recover her reasonable attorney’s fees.

The Plaintiff’s attorney, Marc McCulloch, provides facts in his declaration to demonstrate that he spent 4 hours at $395 on the motion, that his paralegal spent 1.5 hours at $75 on each motion, that the courier service is $100 for the motion, that he expects to spend 3 hours on each motion to review the opposition and preparing a reply, and that he expects to spend 1 hour at the hearing.
Since there is no opposition, the Court reduces the number of hours by three on each motion. Accordingly, the recommended amount of monetary sanctions for the motion is $1792.50 (4 hours at $395 per hour, 1.5 hours at $75 per hour, and $100 for courier service).
Monetary sanctions to be paid within 30 days.