Case Number: BC709946 Hearing Date: September 24, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

SHANE MOSLEY, SR., an individual,

Plaintiff(s),

vs.

GARY BRAZINA, M.D., an individual; D.I.S.C. MD GROUP; DISC SURGERY CENTER; MARINA DEL REY HOSPITAL; PLAYA VISTA URGENT CARE; and DOES 1 through 100, inclusive,

Defendant(s).

CASE NO: BC709946

[TENTATIVE] ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

September 24, 2019

Defendants, Diagnostic and Interventional Spinal Care, AMC (erroneously sued as “D.I.S.C. MD Group”) (“DISC”) and Diagnostic and Interventional Surgical Center, LLC (erroneously sued as “DISC Surgery Center”) (“Surgery Center”) propounded special interrogatories and RPDs on Plaintiff on 12/11/18. To date, despite attempts to meet and confer, Plaintiff has not served responses. Defendants therefore seek an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendants’ motions are granted. Plaintiff is ordered to serve verified responses, without objections, to Defendants DISC’s and Surgery Center’s special interrogatories and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendants seek sanctions in the amount of $3,005/motion – representing 31.5 hours on pursuing DISC’s and Surgery Center’s concurrently filed motions, at $215/hour for Defense counsel William A. Miller and $190/hour for Defense counsel Ross Bautista. As Defense counsel Ross Bautista prepared the motions, the Court awards one hour to prepare each motion to compel at $190/hour. The Court finds reasonable and awards the requested three hours to appear as Defense counsel is in San Diego, but only awards the time once at Defense counsel Ross Bautista’s rate of $190/hour. The Court therefore awards a total of seven hours of attorney time at the requested rate of $190/hour, or $1,330 in attorneys’ fees.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendants, by and through his counsel of record, in the total amount of $1,330, within twenty days.

Defendants are ordered to give notice.