Case Number: BC506176 Hearing Date: April 17, 2014 Dept: 93

Defendants Karim Soliman, M.D. and Shiva Khani, P.A.’s unopposed Motion for an Order Compelling Compliance with a Deposition Subpoena for Production of Business Records and for an Award of Monetary Sanctions is GRANTED.

Discussion

Defendants move for an order to compel compliance with a deposition subpoena for production of business records served on non-party Access Medical Diagnostics. Motion, p. 1. Although plaintiff alleges that defendants failed to diagnose a left shoulder fracture, defendants claim there are documents evidencing that an ultrasound was taken by them at Access. Motion, p. 2. Defendants served a deposition subpoena for production of business records on Access on December 16, 2013. (Lapoff Decl., ¶ 2, Exhibit A.) The subpoena was accepted by Marquis Bijole, “Manager Custodian of Records” for Access. Lapoff Decl., ¶ 3, Exhibit C. However, Access has failed to respond. In addition, counsel for defendants attempted to call Access several times (Lapoff Decl., ¶ 4) and also sent a meet and confer letter to Access on February 5, 2014 (Lapoff Decl., ¶ 5) to no avail.

As defendants’ motion is unopposed and defendants have offered sufficient evidence of attempts to resolve this issue prior to filing this motion, defendants’ motion is GRANTED, and the court orders Access Medical Diagnostics to comply with the deposition subpoena for production of business records within 10 days of the date of this order.
Defendants also request monetary sanctions in the amount of $1,420.00. However, this request is overstated as defense counsel requests fees for reading the opposition (none has been filed), drafting the reply (not necessary), and six hours to attend the hearing (the unopposed motion can certainly be handled by Court Call or submission on the tentative via email rather than traveling from San Diego for the hearing). Therefore, the court awards monetary sanctions in the amount of $380.00 (2 hours to prepare motion and filing fee) against Access Medical Diagnostics to be paid to defendants and/or their counsel of record to be paid within 10 days of the date of this order.

Defendants are ordered to give notice.