On 11/28/2017 MADONNA MURPHY filed a Personal Injury - Medical Malpractice lawsuit against CLT PROVIDENCE LITTLE COMPANY OF MARY MED. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, MARK A. BORENSTEIN and KRISTIN S. ESCALANTE. The case status is Pending - Other Pending.
****3952
11/28/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
MARK A. BORENSTEIN
KRISTIN S. ESCALANTE
MURPHY MADONNA
DOES 1 THROUGH 50 INCLUSIVE
CLT PROVIDENCE LITTLE COMPANY OF MARY MED
CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE
GHERMEZIAN RAYMOND ESQ.
CROSS LISA A.
MCGILL ASHLEY SUR ESQ.
12/20/2019: Motion to Compel - MOTION TO COMPEL MOTION OF DEFT TO COMPEL THE DEPOSITIONS OF MUTSUKO MURPHY, KEVIN MURPHY, AND CONOR MURPHY AND FOR SANCTIONS
12/31/2019: Separate Statement
12/31/2019: Notice of Motion
1/8/2020: Opposition - OPPOSITION OPPOSITION TO DEFENDANT'S MOTION TO COMPEL DEPOSITIONS OF PLAINTIFF'S FAMILY MEMBERS
1/10/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL, FILED BY D...)
1/10/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL
1/10/2020: Opposition - OPPOSITION OF DEFENDANT PROVIDENCE TO PLAINTIFF'S MOTION TO COMPEL SITE INSPECTION OF DEFENDANT'S PROPERTY AND TO PLAINTIFF'S REQUEST FOR SANCTIONS
1/16/2020: Reply - REPLY REPLY OF DEFT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO PLTF'S OPPOSITIO TO DEFT'S MOTION TO COMPEL DEPOSITIONS OF PLAITNIFF'S PARENTS AND BROTHERS
1/17/2020: Reply - REPLY REPLY BRIEF IN SUPPORT OF PLAINTIFF'S NOTICE OF MOTION TO COMPEL THE INSPECTION
1/24/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (1. HEARING ON MOTION TO COMPEL - DEFENDANT'S MOTION TO COMPE...) OF 01/24/2020
1/27/2020: Motion to Compel - MOTION TO COMPEL MOTION TO COMPEL THE DEPOSITIONS OF MUTSUKO, KEVIN AND CONOR MURPHY AND FOR SANCTIONS
8/16/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)
8/20/2019: Notice of Ruling
4/8/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL
4/8/2019: Minute Order - MINUTE ORDER (HEARING ON DEFENDANT'S EX PARTE APPLICATION TO CONTINUE TRIAL;)
1/2/2018: ANSWER OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO PLAINTIFFS COMPLAINT
1/2/2018: DEMAND OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE FOR JURY TRIAL
1/19/2018: NOTICE OF POSTING JURY FEE DEPOSIT
Hearing07/21/2020 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
Hearing07/07/2020 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference
Hearing03/06/2020 at 13:30 PM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel MOTION OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO COMPEL THE DEPOSITIONS OF MUTSUKO MURPHY, KEVIN MURPHY, AND CONOR MURPHY AND FOR SANCTIONS IN THE AMOUNT OF $5,610.50
Docketat 10:00 AM in Department 2, Mark A. Borenstein, Presiding; Final Status Conference - Not Held - Continued - Party's Motion
DocketMotion to Compel (Motion to Compel the Depositions of Mutsuko, Kevin and Conor Murphy and for Sanctions); Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)
Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Compel (Plaintiff's Motion to Compel The Inspection of Defendant's Subject Property; Request for Costs and Attorney's Fees Against Defendant and/or Defendant's Counsel) - Held - Motion Denied
Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Compel (- Defendant's Motion to Compel the Depositions of Mutsuko Murphy, Kevin Murphy, and Conor Murphy; Request for Monetary Sanctions) - Not Held - Taken Off Calendar by Court
DocketMinute Order ( (1. Hearing on Motion to Compel - Defendant's Motion to Compe...)); Filed by Clerk
DocketCertificate of Mailing for ((1. Hearing on Motion to Compel - Defendant's Motion to Compe...) of 01/24/2020); Filed by Clerk
DocketReply (reply brief in support of plaintiff's notice of Motion to Compel the inspection); Filed by MaDonna Murphy (Plaintiff)
DocketReceipt; Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)
DocketNotice; Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)
DocketANSWER OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO PLAINTIFFS COMPLAINT
DocketDemand for Jury Trial; Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)
DocketAnswer; Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)
DocketDEMAND OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE FOR JURY TRIAL
DocketComplaint
DocketSummons; Filed by MaDonna Murphy (Plaintiff)
DocketComplaint; Filed by MaDonna Murphy (Plaintiff)
DocketCivil Case Cover Sheet
Case Number: BC683952 Hearing Date: March 06, 2020 Dept: 29
Murphy v. CLT Providence Little Company of Mary Medical Center Torrance
On July 30, 2019, Defendant noticed the depositions of third party witnesses Mutsuko Murphy, Kevin Murphy and Conor Murphy. Subpoenas were served on the witnesses. The witnesses are Plaintiff’s mother, father and brother. The depositions were noticed for August 21, 2019. While it is unclear whether Plaintiff’s counsel has been retained to represent the witnesses, Plaintiff’s counsel undertook to schedule the depositions on the witnesses’ behalf and made clear to Defendant’s counsel that Plaintiff’s counsel was representing the witnesses at least for the purposes of scheduling.
Through communications with Plaintiff’s counsel, Defendant agreed to continue the depositions to September 26, 2019. Two days before the depositions, Plaintiff’s counsel requested that the depositions be continued to October. The parties eventually agreed to a date in late November. A day before the depositions were set to proceed, Plaintiff’s counsel again unilaterally cancelled the depositions on the grounds that the witnesses were purportedly unavailable. Defendant re-noticed the depositions on a date that Plaintiff’s counsel offered. Two days before the depositions were set to commence, Plaintiff’s counsel confirmed the dates.
On December 10, 2019 – the day before the scheduled deposition -- Plaintiff’s counsel informed Defendant that one of the witnesses required a Japanese language interpreter. Defendant was able to secure an interpreter despite the untimely notice that one was required. As a courtesy to Plaintiff’s counsel, Defendant’s counsel agreed to take the depositions at Plaintiff’s counsel’s office.
On the day of the first deposition, Defendant’s counsel appeared at Plaintiff’s counsel’s office with the court reporter and interpreter. Plaintiff’s counsel informed Defendant’s counsel that the witness was at the office but that Plaintiff’s counsel was instructing her not to appear for the deposition. Defendant’s counsel obtained a certificate of non-appearance.
The witnesses have not opposed the motion. The only opposition is filed by Plaintiff. Plaintiff argues that the witnesses should not have to appear until other, unrelated discovery issues are resolved. There is no merit to that argument.
The Court grants the motion to compel. Mutsuko Murphy, Kevin Murphy and Conor Murphy are ordered to appear for their depositions at dates and times of Defendant’s choosing. The Court further concludes that Plaintiff’s counsel has engaged in discovery abuse by failing to proceed with an authorized method of discovery. Cal. Code Civ. Proc. § 2023.010(d), 2023.030. The Court awards sanctions against Plaintiff’s counsel Raymond Ghermezian, APLC, in the following amounts:
Attorneys’ fees for appearance at deposition (including reduced travel time): $450.00
Attorneys’ fees and costs for preparation, reply and argument of this motion: $1,410.00
Cost of the certificate of non-appearance: $350.00
Cost of the Japanese interpreter: $1,713.00
Total sanctions imposed against Raymond Ghermezian: $3,923.00
The sanctions are payable within 30 days.
Moving party is ordered to give notice.
Case Number: BC683952 Hearing Date: January 24, 2020 Dept: 29
The Court does not intend to issue a tentative ruling on the two motions to compel. The Court will hear argument.