Case Number: BC573161??? Hearing Date: October 14, 2016??? Dept: 98
JOSEPH KOOSED,
Plaintiff,
vs.
BASEM FANOUS, M.D., et al.,
Defendants.
CASE NO: BC573161
[TENTATIVE] ORDER RE: DEFENDANT?S MOTIONS TO COMPEL AND REQUEST FOR MONETARY SANCTIONSDept. 98
1:30 p.m.
October 14, 2016
On February 19, 2015, Plaintiff Joseph Koosed (?Plaintiff?) filed this action for professional negligence. On June 16, 2016, Defendant Basem Fanous, M.D. (?Moving Defendant?) served Plaintiff with Pretrial Special Interrogatories, Set One and Pretrial Demand for Production of Documents, Set One. Plaintiff has failed to provide any responses. Moving Defendant therefore now moves to compel Plaintiff?s responses to these outstanding discovery requests and for monetary sanctions.
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 Defendant?s unopposed Motions to Compel are GRANTED. Plaintiff is ordered to provide verified responses to the outstanding discovery, without objections, within ten (10) days of the date of this Order.
The Court must impose monetary sanctions, unless it finds that the one subject to sanctions acted with substantial justification or that circumstances make the imposition of the sanction unjust. Id., ?? 2030.290(c), 2031.300(c). Moving Defendant seeks $744.50 for one Motion, contending that it required 1.5 hours to prepare and will require .7 hours to prepare a reply and 1.5 hours to appear at the hearing, at a rate of $185.00 per hour. Moving Defendant seeks $892.50 for the second Motion, contending that it required 2 hours to prepare and will require 1 hour to prepare a reply and 1.5 hours to appear at the hearing. Moving Defendant also incurred two $60.00 filing fees.
The Court finds 2 hours to prepare these unopposed Motions and 1 hour to attend the hearing, along with $120.00 in filing fees, to be sufficient to compensate Moving Defendant. The Court therefore awards Moving Defendant a total of $675.00 in monetary sanctions against Plaintiff and his attorney of record, jointly and severally. Sanctions are to be paid within fifteen (15) days of the date of this Order.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org as directed by the instructions provided on the court website. 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 14th day of October, 2016
Hon. Holly J. Fujie
Judge of the Superior Court