This case was last updated from Los Angeles County Superior Courts on 07/17/2021 at 01:19:35 (UTC).

MTANOUS KHOUZAM VS ENRIQUE VAZQUEZ ET AL

Case Summary

On 12/20/2017 MTANOUS KHOUZAM filed a Personal Injury - Other Personal Injury lawsuit against ENRIQUE VAZQUEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ROBERT B. BROADBELT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7822

  • Filing Date:

    12/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ROBERT B. BROADBELT

 

Party Details

Plaintiffs and Petitioners

KHOUZAM MTANOUS

STATE COMPENSATION INSURANCE FUND

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

ENRIQUE VAZQUEZ TRACTOR SERVICE

VALLEY BOBCAT INC.

DOES 1 - 100

VAZQUEZ ENRIQUE

VAZQUEZ ENRIQUE DBA ENRIQUE VAZQUEZ TRACTOR SERVICE

WASTEBUILT ENVIRONMENTAL SOLUTIONS LLC A DELAWARE LIMITED LIABILITY COMPANY

WASTEBUILT ENVIRONMENTAL SOLUTIONS LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

THOMASSIAN VACHE

AUMAIS CHRISTOPHER T.

AUMAIS CHRISTOPHER T. ESQ.

ROCHA VICTOR

SCAPA ARIN RACHEL

THOMASSIAN VACHE A. ESQ.

Defendant and Respondent Attorneys

SCHLICHTER KURT ANDREW ESQ.

EGAN EUGENE J. ESQ.

EGAN EUGENE JAMES ESQ.

Cross Plaintiff Attorneys

BAIER DENNIS MICHAEL JR

FARINPOUR ZUBIN ESQ.

PERCY WILLIAM ALEXANDER

Cross Defendant Attorneys

DE GOLIER RENEE ESQ.

VANDERBURG THOMAS F. ESQ.

 

Court Documents

Motion for Leave to File a Cross-Complaint

7/23/2019: Motion for Leave to File a Cross-Complaint

Reply - REPLY REPLY TO PLAINTIFF MTANOUS KHOUZAM'S OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

8/23/2019: Reply - REPLY REPLY TO PLAINTIFF MTANOUS KHOUZAM'S OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT)

8/30/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT)

Summons - SUMMONS ON COMPLAINT

9/6/2019: Summons - SUMMONS ON COMPLAINT

Answer - ANSWER TO CROSS-COMPLAINT

11/14/2019: Answer - ANSWER TO CROSS-COMPLAINT

Notice - NOTICE NOTICE OF FILING OF PROOF OF SERVICE RE SERVICE OF CROSSCOMPLAINT AGAINST W ASTEBUILT ENVIRONMENTAL SOLUTIONS, LLC

11/14/2019: Notice - NOTICE NOTICE OF FILING OF PROOF OF SERVICE RE SERVICE OF CROSSCOMPLAINT AGAINST W ASTEBUILT ENVIRONMENTAL SOLUTIONS, LLC

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL) OF 12/09/2019

12/9/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL) OF 12/09/2019

Notice - NOTICE OF RULING

12/16/2019: Notice - NOTICE OF RULING

Case Management Statement

1/21/2020: Case Management Statement

Notice - NOTICE OF CONTINUANCE OF HEARING DATE ON DEFENDANT ENRIQUE VASQUEZ DBA ENRIQUE VASQUEZ TRACTOR SERVICE'S MOTION FOR AN ORDER SETTING THE RATE OF COMPENSATION FOR DR. BEHNAM SAM TABIBIAN'S DEP

1/28/2020: Notice - NOTICE OF CONTINUANCE OF HEARING DATE ON DEFENDANT ENRIQUE VASQUEZ DBA ENRIQUE VASQUEZ TRACTOR SERVICE'S MOTION FOR AN ORDER SETTING THE RATE OF COMPENSATION FOR DR. BEHNAM SAM TABIBIAN'S DEP

Notice - NOTICE APPENDIX OF EVIDENCE

1/20/2021: Notice - NOTICE APPENDIX OF EVIDENCE

Order - ORDER RE MOTION FOR ORDER SETTING THE RATE OF COMPENSATION FOR DR. BEHNAM SAM TABIBIAN'S DEPOSITION

2/17/2021: Order - ORDER RE MOTION FOR ORDER SETTING THE RATE OF COMPENSATION FOR DR. BEHNAM SAM TABIBIAN'S DEPOSITION

Opposition - OPPOSITION TO CROSS-DEFENDANT AND CROSS-COMPLAINANT WASTEBUILT ENVIRONMENTAL SOLUTIONS LLCS MOTION FOR SUMMARY ADJUDICATION

3/29/2021: Opposition - OPPOSITION TO CROSS-DEFENDANT AND CROSS-COMPLAINANT WASTEBUILT ENVIRONMENTAL SOLUTIONS LLCS MOTION FOR SUMMARY ADJUDICATION

Minute Order - MINUTE ORDER (COURT ORDER)

4/9/2021: Minute Order - MINUTE ORDER (COURT ORDER)

DEFENDANT VALLEY BOBCAT, INC.'S ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL

1/26/2018: DEFENDANT VALLEY BOBCAT, INC.'S ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL

PROOF OF SERVICE SUMMONS -

1/22/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

1/10/2018: PROOF OF SERVICE SUMMONS -

SUMMONS -

12/20/2017: SUMMONS -

79 More Documents Available

 

Docket Entries

  • 10/20/2021
  • Hearing10/20/2021 at 11:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 10/08/2021
  • Hearing10/08/2021 at 11:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/27/2021
  • Hearing08/27/2021 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Summary Adjudication

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  • 06/04/2021
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Motion for Summary Adjudication (Against Valley Bobcat, Inc. filed by Cross-Defendant/Cross-Complainant, Wastebuilt 01-20-2021;) - Not Held - Advanced and Continued - by Court

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  • 06/04/2021
  • DocketNotice (of Minute Order Continuing Wastebuilt Environmental Solutions Llc's Motion for Summary Adjudication); Filed by Wastebuilt Environmental Solutions, LLC, a Delaware Limited Liability Company (Cross-Complainant)

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  • 06/03/2021
  • Docketat 1:42 PM in Department 53, Robert B. Broadbelt, Presiding; Court Order

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  • 06/03/2021
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 06/03/2021
  • DocketCertificate of Mailing for ((Court Order) of 06/03/2021); Filed by Clerk

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  • 05/05/2021
  • Docketat 11:00 AM in Department 53, Robert B. Broadbelt, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 04/23/2021
  • Docketat 11:00 AM in Department 53, Robert B. Broadbelt, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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113 More Docket Entries
  • 01/26/2018
  • DocketDEFENDANT VALLEY BOBCAT, INC.'S ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL

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  • 01/26/2018
  • DocketCIVIL DEPOSIT

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  • 01/22/2018
  • DocketProof-Service/Summons; Filed by Mtanous Khouzam (Plaintiff)

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  • 01/22/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/10/2018
  • DocketProof-Service/Summons; Filed by Mtanous Khouzam (Plaintiff)

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  • 01/10/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 12/20/2017
  • DocketComplaint; Filed by Mtanous Khouzam (Plaintiff)

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  • 12/20/2017
  • DocketSUMMONS

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  • 12/20/2017
  • DocketPLAINTIFF'S COMPLAINT FOR DAMAGES 1. NEGLIGENCE

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  • 10/07/2010
  • Docketat 10:00 AM in Department 53; Jury Trial - Not Held - Continued - Court's Motion

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Tentative Rulings

Case Number: BC687822    Hearing Date: March 15, 2021    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

mtanous khouzam ,

Plaintiff,

vs.

enrique vasquez , et al.,

Defendants.

Case No.:

BC687822

Hearing Date:

March 15, 2021

Time:

10:00 a.m.

[Tentative] Order RE:

motion for an order setting the rate of compensation for dr. behnam sam tabibian’s deposition

MOVING PARTY: Defendant Enrique Vasquez dba Enrique Vazquez Tractor Service

RESPONDING PARTY: n/a

Motion for an Order Setting the Rate of Compensation for Dr. Behnam Sam Tabibian’s Deposition.

The court considered the moving papers. No opposition to the motion was filed.

BACKGROUND

Plaintiff Mtanous Khouzam (“Plaintiff”) filed this negligence action on December 20, 2017, against defendants Enrique Vazquez, dba Enrique Vazquez Tractor Service (“Defendant”), and Valley Bobcat, Inc.

Dr. Behnam Sam Tabibian (“Dr. Tabibian”) treated Plaintiff from September 2016 to August 2018. (Motion, filed November 15, 2019, p. 3:7-8.) Defendant noticed Dr. Tabibian’s deposition for August 15, 2019. (Farinpour Decl., filed November 15, 2019, ¶ 3.) Defendant’s counsel attempted to meet and confer with Dr. Tabibian’s office regarding Dr. Tabibian’s deposition rate, and Dr. Tabibian’s office informed Defendant’s counsel that Dr. Tabibian’s deposition fee was $2,500 per hour, with a minimum of two hours, and that all fees must be paid two weeks prior to Dr. Tabibian’s deposition. (Farinpour Decl., ¶ 3.) Defendant’s counsel asked Dr. Tabibian’s office for information justifying Dr. Tabibian’s hourly deposition rate, but Dr. Tabibian’s office did not respond. (Farinpour Decl., ¶ 6.)

Defendant now moves pursuant to Code of Civil Procedure section 2034.470 for an order setting the rate of compensation for Dr. Tabibian’s deposition to no more than $1,000 per hour. No opposition to the motion was filed.

LEGAL STANDARD

Code of Civil Procedure section 2034.470, subdivision (a) provides that, “[i]f a party desiring to take the deposition of an expert witness . . . deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert.” The motion must be accompanied by a meet and confer declaration under section 2016.040. (Code Civ. Proc., § 2034.470, subd. (b).)

“In addition to any other facts or evidence, the expert or the party designating the expert shall provide, and the court’s determination as to the reasonableness of the fee shall be based on, proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation.” (Code Civ. Proc. § 2034.470, subd. (c).) “[T]he expert or the party designating the expert shall also provide, and the court’s determination as to the reasonableness of the fee shall also be based on, both of the following: [¶] (1) The total number of times the presently demanded fee has ever been charged and received by that expert. [¶] (2) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion.” (Code Civ. Proc., § 2034.470, subd. (d).)

“The court may also consider the ordinary and customary fees charged by similar experts for similar services within the relevant community and any other factors the court deems necessary or appropriate to make its determination.” (Code Civ. Proc., § 2034.470, subd. (e).)

DISCUSSION

The court finds that Defendant has complied with the requirements of Code of Civil Procedure section 2034.470, subdivision (b). (Farinpour Decl., ¶ 3, Ex. A.)

In light of Dr. Tabibian’s failure to oppose the motion, there is no evidence before the court of (1) the total number of times the presently demanded fee has ever been charged and received by Dr. Tabibian, and (2) the frequency and regularity with which the presently demanded fee has been charged and received by Dr. Tabibian within the two-year period preceding the hearing on this motion. The court therefore finds that Dr. Tabibian has failed to meet his burden of establishing the reasonableness of his deposition fee for $2,500 per hour.

In support of his motion, Defendant submits evidence showing that similar physicians and experts in the same community as Dr. Tabibian charge $900 to $1,000 per hour for depositions (and $1,200 per hour for video depositions and depositions out of the doctor’s office in the case of Khyber Zaffarkhan, DO, FAAPMR). (Farinpour Decl., ¶ 3, Ex. A, Exs. A and B.)

Based on the evidence presented and the factors considered, the court finds that the fee demanded by Dr. Tabibian is unreasonable. (Code Civ. Proc., § 2034.470, subd. (f).) The court therefore orders that the fee of expert Dr. Tabibian for providing testimony in this case is set at $1,200 per hour.

ORDER

For the reasons set forth above, the court grants defendant Enrique Vazquez’s motion for an order setting the rate of compensation for Dr. Behnam Sam Tabibian.

The court orders that the fee of expert Dr. Behnam Sam Tabibian for providing testimony in this case is set at $1,200 per hour.

The court orders defendant Enrique Vasquez to give notice of this order.

IT IS SO ORDERED.

DATED: March 15, 2021

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court

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