Case Number: BC499313    Hearing Date: August 01, 2014    Dept: 92

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

NICHOLAS KRSNICH,
Plaintiff(s),
vs.

GREG RUBIN, D.D.S., ET AL.,

Defendant(s).

CASE NO: BC499313

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO REQUIRE BOND

Dept. 92
1:30 p.m. — #22
August 1, 2014

Defendant, Greg Rubin, D.D.S.’s Motion to Require Plaintiff to Post Bond is Granted. Plaintiff is ordered to post a security bond in the amount of $34,950.00 within twenty days.

1. Background Facts
Plaintiff, Nicholas Krsnich filed this action against Defendants, Greg Rubin, DDS and The Calabasas Dental Institute for dental malpractice.

2. Motion to Require Bond
Defendant, Rubin moves for an order requiring Plaintiff to post bond in the amount of $34,950.00. Defendant seeks the order per CCP §1030. In an action or special proceeding brought by a nonresident plaintiff, the defendant may at any time move for an order requiring the plaintiff to post security. (CCP ¿1030(a).) The stated grounds for the motion are that the plaintiff resides out of state or is a foreign corporation, and there is a reasonable possibility that the moving defendant will obtain a favorable judgment. (CCP ¿1030(b).) The motion can be brought at any time. (CCP ¿1030(a).)

Defendant establishes that Plaintiff resides out of state (in Florida), and also shows a reasonable probability of success at trial (see Declaration of Dr. Needle, an expert on the standard of care in dentistry, who opines that Defendant’s care and treatment of Plaintiff complied with the standard of care at all times and nothing Defendant did caused or contributed to Plaintiff’s claimed damages). Defendant therefore met his moving burden to show that he is entitled to an order compelling Plaintiff to post bond in order to maintain this action.

Plaintiff, on 7/22/14, filed a notice of non-opposition to the motion. In light of the lack of opposition, the motion is granted. Plaintiff is ordered to post bond in the amount of $34,950.00 within twenty days.

Dated this 1st day of August, 2014

Hon. Elia Weinbach
Judge of the Superior Court