MADONNA MURPHY VS CLT PROVIDENCE LITTLE COMPANY OF MARY MED

Tentative Rulings

Case Number: ****3952    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.

Case Number: ****3952    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.