On 03/02/2018 SARA KHOOBAN filed a Personal Injury - Motor Vehicle lawsuit against PATRICE BRADFORD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, THOMAS D. LONG and HOLLY E. KENDIG. The case status is Pending - Other Pending.
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
THOMAS D. LONG
HOLLY E. KENDIG
DOES 1 TO 50 INCLUSIVE
KHORSHIDI OMID ESQ.
MUENCH RICHARD A.
MUENCH RICHARD ARTHUR
2/3/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND EXPERT DEPOSITIONS
3/16/2020: Minute Order - MINUTE ORDER (EX-PARTE PROCEEDINGS PLAINTIFF SARA KHOOBAN'S EX PARTE APPLIC...)
3/26/2020: Notice of Posting of Jury Fees
4/8/2020: Motion for Sanctions
4/23/2020: Notice of Joinder - NOTICE OF JOINDER (NAME EXTENSION) NOTICE OF JOINDER BY NON PARTY CHARLES ROSEN, M.D. TO OPPOSITION TO PLAINTIFF'S MOTION FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLA
4/30/2020: Opposition - OPPOSITION OF PLAINTIFFS MOTION DEFENDANTS RETAINED EXPERT DR. DEFENDANTS COUNSEL OF RECORD, AND DEFENDANT ALEXANDRA BRADFORD, AMOUNT OF $7,107.50 AGAINSTFOR MONETARY SANCTIONS IN THE
6/26/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; HEARING ON MOTION FOR ORDER MOTION ...)
1/21/2021: Motion in Limine - MOTION IN LIMINE #2
5/20/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (FINAL STATUS CONFERENCE) OF 05/20/2021
8/6/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO
7/22/2019: Opposition - OPPOSITION OPPOSITION TO DEF'S MOTION TO COMPEL DME
7/2/2019: Motion to Compel - MOTION TO COMPEL PLAINTIFF SARA KHOOBAN'S ATTENDANCE AT AN LNDEPENDANT MEDICAL EXAMINATION ON AUGUST 15, 2019
12/26/2018: Request for Dismissal
3/4/2019: Order - ORDER BY THE COURT DENYING MOTION TO COMPEL DEPOSITION
3/4/2019: Minute Order - Minute Order (Hearing on Motion to Compel Deposition of Alexandra Bradford)
3/5/2019: Notice - Notice NOTICE OF RULING RE PLAINTIFFS MOTION TO COMPEL DEPOSITION OF DEFENDANT ALEXANDRA BRADFORD
8/21/2018: Affidavit - Affidavit of Non-Service
3/2/2018: Summons -
Hearing12/21/2021 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
Hearing12/07/2021 at 10:00 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Final Status Conference - Held - ContinuedRead MoreRead Less
Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Non-Jury Trial - Held - ContinuedRead MoreRead Less
DocketOrder and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Alexandra Bradford (Defendant)Read MoreRead Less
DocketMinute Order ( (COURT TRIAL FINAL STATUS CONFERENCE)); Filed by ClerkRead MoreRead Less
Docketat 10:00 AM in Department 31, Thomas D. Long, Presiding; Final Status Conference - Not Held - Continued - Court's MotionRead MoreRead Less
Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Final Status Conference - Not Held - Clerical ErrorRead MoreRead Less
DocketNotice of Ruling (Re Final Status Conference); Filed by Sara Khooban (Plaintiff)Read MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketProof of Service by Substituted ServiceRead MoreRead Less
DocketReceipt; Filed by Patrice Bradford (Defendant)Read MoreRead Less
DocketDEFENDANTS PATRICE BRADFORDS ANSWER TO PLAINTIFFS COMPLAINTRead MoreRead Less
DocketDemand for Jury Trial; Filed by Patrice Bradford (Defendant)Read MoreRead Less
DocketAnswer; Filed by Patrice Bradford (Defendant)Read MoreRead Less
DocketDeclaration re: Due Diligence; Filed by Sara Khooban (Plaintiff)Read MoreRead Less
DocketAffidavit Affidavit of Non-ServiceRead MoreRead Less
DocketComplaint; Filed by Sara Khooban (Plaintiff)Read MoreRead Less
DocketSummons; Filed by Sara Khooban (Plaintiff)Read MoreRead Less
DocketComplaintRead MoreRead Less
Case Number: BC696607 Hearing Date: June 26, 2020 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
PATRICE BRADFORD, ET AL.,
CASE NO: BC696607
[TENTATIVE] ORDER DENYING MOTION FOR SANCTIONS
June 26, 2020
The basic facts relating to this motion are undisputed. Plaintiff noticed the deposition of Defendant’s expert. At the commencement of the deposition, Plaintiff tendered one hour of deposition fees. After one hour, the deposition was not complete; in fact, Plaintiff’s attorney indicated he had not even begun to depose the expert concerning his opinions. Defendant demanded payment for an additional hour of deposition time, and Plaintiff refused, saying payment would be made per Code. The attorneys were unable to resolve the issue, and the deposition was suspended.
The parties continued to meet and confer; while the efforts were ongoing, Plaintiff filed an ex parte application to compel the completion of the deposition. Defendant did not file written opposition to the application, but did appear at the hearing. The Court granted the application, and ordered Plaintiff to provide advance checks for the first two hours prior to the deposition, and to pay any balance within five days of receipt of an invoice. The Court denied any request for ex parte sanctions, but permitted a motion for such relief to go forward by way of noticed motion.
At this time, Plaintiff moves for sanctions based on Defendant’s refusal to permit her expert, Dr. Rosen, to be deposed for more than one hour at his original deposition. Plaintiff moves for sanctions pursuant to CCP §§2025.450(g)(1), 2034.250(d), and 2023.030(a).
§2034.250(d) applies to motions for a protective order. There is no such motion at issue in this case, and therefore this section cannot provide a basis for sanctions.
§§2025.450(g)(1) and 2023.030(a) both provide for sanctions unless the opposing party acted with good cause or substantial justification. The Court finds Defendant and Dr. Rosen did so. Plaintiff appeared and only tendered payment for one hour of deposition testimony. §2034.450(a) requires the deposing party to tender fees based on the anticipated length of deposition. Plaintiff did not reasonably anticipate the deposition would only take one hour. Indeed, the ex parte order granting the request to compel the second session of deposition required Plaintiff to advance two additional hours of fees, for a total of three hours of advance fees. It was patently unreasonable for Plaintiff to only advance one hour of fees, and therefore Defendant and Dr. Rosen acted with good faith and substantial justification in refusing to go forward with additional deposition without the payment of reasonable anticipated fees.
The motion for sanctions is denied. Plaintiff is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at firstname.lastname@example.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 may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.
Dated this 26th day of June, 2020
Hon. Thomas D. Long
Judge of the Superior Court
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