On 07/21/2017 THERESA DE LOS SANTOS filed a Personal Injury - Other Personal Injury lawsuit against SCOTT PROPERTIES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARC D. GROSS, JON R. TAKASUGI and HOLLY E. KENDIG. The case status is Other.
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
MARC D. GROSS
JON R. TAKASUGI
HOLLY E. KENDIG
DE LOS SANTOS THERESA
D.S.L. CONSTRUCTION CORP
DOES 1 TO 30
SCOTT PROPERTIES INC
FOMALONT RONALD JAY ESQ.
WORKMAN SETH ELIJAH
HINMAN JOHN S
MOROVATI CHRISTINA Y. ESQ.
MOROVATI CHRISTINA YOUNG ESQ.
1/28/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: NOTICE OF UNCONDITIONAL SETTLE...) OF 01/28/2020
1/28/2020: Notice of Settlement
11/14/2019: Separate Statement
11/14/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION AND MOTION FOR ORDER FOR NONPARTY, CUSTODIAN OF RECORDS FOR UCLA MEDICAL CENTER, TO COMPLY WITH DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECO
11/4/2019: Opposition - OPPOSITION MOTION IN LIMINE NO. 1 FOR AN ORDER PRECLUDING DEFENDANT FROM IDENTIFYIN, RECITING, REFERENCING, OR ADMINTTING HEARSAY OR EVIDENCE BASED ON HEARSAY THAT IS CONTAINED IN REPORTS
11/6/2019: Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO. 5 TO PRECLUDE ANY EVIDENCE OF ANY BACK ISSUES OR PLAINTIFF'S BLADDER SURGERY AS THERE IS NO MEDICAL CAUSATION AND ANY SUCH EVIDENCE WOULD LACK
11/6/2019: Reply - REPLY DEFENDANT, D.S.L. CONSTRUCTION CORP.'S, REPLY TO PLAINTIFF'S OPPOSITION TO MOTION IN LIMINE NO. 2 TO PROHIBIT COUNSEL FROM PRECONDITIONING THE JURORS DURING VOIR DIRE ON DAMAGES
11/6/2019: Reply - REPLY DEFENDANT, D.S.L. CONSTRUCTION CORP.'S, REPLY TO PLAINTIFF'S OPPOSITION TO MOTION IN LIMINE NO. 3
10/29/2019: Motion in Limine - MOTION IN LIMINE PLAINTIFF'S MIL #3 - MOTION IN LIMINE FOR AN ORDER PRECLUDING EVIDENCE THAT PLAINTIFF REMAINED LIVING IN THE PROPERTY WHERE THE FALL OCCURRED; MEMORANDUM OF POINTS
10/29/2019: Opposition - OPPOSITION OPPOSITION TO DEFENDANTS MOTION IN LIMINE #3 RE LIMITATIONS ON MEDICAL SPECIALS OR IN THE ALTERNATIVE, FOR AN EVIDENTIARY HEARING PURSUANT TO EVIDENCE CODE SECTION 402(B); DEC
10/21/2019: Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO. 2 TO PROHIBIT COUNSEL FROM PRE-CONDITIONING THE JURORS DURING VOIR DIRE ON DAMAGES; DECLARATION OF CHRISTINA Y.MOROVATI
10/16/2019: Notice of Posting of Jury Fees
9/26/2019: Notice of Posting of Jury Fees
6/19/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)
5/28/2019: Motion to Continue - MOTION TO CONTINUE NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL AND ALL RELATED DISCOVERY AND MOTION CUT-OFF DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF CHRISTIN
5/30/2019: Notice - NOTICE NOTICE OF ERRATA
3/29/2019: [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
4/12/2018: NOTICE OF RELATED CASE
Docketat 09:00 AM in Department 31, Jon R. Takasugi, Presiding; Non-Appearance Case ReviewRead MoreRead Less
DocketNotice of Settlement; Filed by Theresa De Los Santos (Plaintiff)Read MoreRead Less
DocketMinute Order ( (Non-Appearance Case Review re: Notice of Unconditional Settle...)); Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ((Non-Appearance Case Review re: Notice of Unconditional Settle...) of 01/28/2020); Filed by ClerkRead MoreRead Less
DocketRequest for Dismissal; Filed by Theresa De Los Santos (Plaintiff)Read MoreRead Less
DocketNotice of Change of Firm Name; Filed by D.S.L. Construction Corp (Defendant)Read MoreRead Less
Docketat 3:15 PM in Department 3, Holly E. Kendig, Presiding; Nunc Pro Tunc OrderRead MoreRead Less
Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion to Compel (Compliance with Deposition Subpoena) - Held - Motion GrantedRead MoreRead Less
DocketMinute Order ( (Nunc Pro Tunc Order to Minute Order of 12/10/19 to Add Moving...)); Filed by ClerkRead MoreRead Less
DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore ((Ermelinda Hernandez #12257)); Filed by ClerkRead MoreRead Less
Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by D.S.L. Construction Corp (Defendant)Read MoreRead Less
Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; Jury Trial - Not Held - Continued - StipulationRead MoreRead Less
Docketat 10:00 AM in Department 3, Holly E. Kendig, Presiding; Final Status Conference - Not Held - Continued - StipulationRead MoreRead Less
Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District) (($20.00 fee paid10/01/2018-CCH499422030)); Filed by D.S.L. Construction Corp (Defendant)Read MoreRead Less
DocketANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATHRead MoreRead Less
DocketAnswer; Filed by D.S.L. Construction Corp (Defendant)Read MoreRead Less
DocketNOTICE OF RELATED CASERead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketComplaint; Filed by Theresa De Los Santos (Plaintiff)Read MoreRead Less
Case Number: BC669661 Hearing Date: December 10, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
THERESA DE LOS SANTOS,
SCOTT PROPERTIES, et al.,
Case No.: BC669661
[TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION; IMPOSING SANCTIONS
December 10, 2019
Plaintiff, Theresa De Los Santos filed this action against Defendants, Scot Properties, Scott Properties, Inc., and D.S.L. Construction Corp. for damages arising out of a trip and fall. Plaintiff identified UCLA Medical Center as her primary care physician’s office. Defendant therefore issued a deposition subpoena for personal appearance and production of documents on UCLA. UCLA asked if it could produce all of Plaintiff’s medical records in lieu of appearing for deposition, and Defendant agreed; however, despite numerous attempts to follow up, UCLA has not produced the records or appeared for deposition. At this time, Defendant moves to compel the custodian of records for UCLA to appear for deposition and produce documents at deposition; in the alternative, Defendant asks that UCLA be required to produce Plaintiff’s medical chart.
The Court notes that the subpoena was personally served on UCLA, and that both Plaintiff and UCLA were properly served with notice of this motion (Plaintiff was served by mail and UCLA by personal service). The time for opposition has lapsed per CCP §1005(b), and there is no opposition to the motion. The motion to compel compliance with the subpoena is therefore granted. CCP §1987.1. UCLA is ordered to appear for deposition at a date, time, and location to be noticed by Defendant. If UCLA wishes to avoid appearance, UCLA must produce Plaintiff’s chart at least ten days prior to the scheduled deposition.
Defendant seeks sanctions per CCP §1987.2, which provides:
Except as specified in subdivision (c), in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.
CRC 3.1348(a) makes clear that discovery sanctions are appropriate even if no opposition to the motion is filed; thus, the language concerning opposing in bad faith or without substantial justification should be read to include failing entirely to file opposition. Defense Counsel reasonably supports all of the fees sought in connection with the motion, with the exception of the time to review an opposition and prepare a reply. The Court therefore reduces the sanctions sought from $2310 to $1860.
UCLA Medical Center is ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $1860, within twenty days.
Defendant 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.