Case Number: BC582424??? Hearing Date: August 18, 2016??? Dept: 98
PETER C. GOLLER,
Plaintiff,
vs.
REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al.,
Defendants.
CASE NO: BC582424
[TENTATIVE] ORDER GRANTING DEFENDANTS? MOTION TO COMPEL DISCOVERY RESPONSES AND PLAINTIFF?S APPEARANCE AT DEPOSITIONDept. 98
1:30 p.m.
August 18, 2016
On May 20, 2015, Plaintiff Peter C. Goller (?Plaintiff?) filed this action for medical malpractice. On July 9, 2015, Defendants Atilla Uner, M.D.; Kristine Bostrom, M.D.; Katrina Lam, M.D.; Daniel Kozman, M.D.; and Guilianne Morden, M.D. (?Moving Defendants?) served Plaintiff with Form Interrogatories, Set One; Special Interrogatories, Set One; and Requests for Production, Set One. Plaintiff has failed to provide any responses. On July 9, 2015, Moving Defendants served on Plaintiff a Notice of Deposition. The deposition was taken off calendar because Plaintiff had failed to respond to discovery. On December 16, 2015, Moving Defendants served an Amended Notice of Deposition. The rescheduled deposition was also taken off calendar, as Plaintiff failed to provide confirmation as to whether the deposition would go forward. Plaintiff has failed to provide dates of availability, despite Moving Defendants? request to do so. Moving Defendants therefore now move to compel Plaintiff?s responses to the outstanding discovery requests and to compel his appearance at deposition.
If a party fails to serve a timely response to a demand for production or interrogatories, the party making the demand may move for an order compelling a response. Cal. Code of Civ. Proc. ?? 2030.290(b), 2031.300(b). The party to whom the demand or interrogatories are directed waives any objection, including those based on privilege or work product. Id., ?? 2030.290(a), 2031.300(a). As no responses have been served, Moving Defendants? unopposed Motion to Compel is GRANTED. Plaintiff is ordered to provide verified responses to the outstanding discovery, without objections, within ten (10) days of the date of this Order.
If a party, without having served a valid objection, fails to appear for examination or to proceed with it, after service of a deposition notice, the noticing party may move for an order compelling the deponent?s attendance and testimony. Cal. Code of Civ. Proc. ? 2025.450(a). As Plaintiff failed to appear for his duly noticed deposition, Moving Defendants? Motion is GRANTED. Plaintiff is ordered to submit to a deposition within thirty (30) days of the hearing on this Motion.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 18th day of August, 2016
Hon. Holly J. Fujie
Judge of the Superior Court