Plaintiff (37) suffered from Addison’s Disease and presented to defendant’s Emergency Department in adrenal crisis. Plaintiff alleged that she sustained injuries due to tripping over a portable commode after refusing to use the same and being escorted to the restroom by an ED Technician. Plaintiff’s subsequent treating physician, who later pled to multiple counts of felony fraud, recommended knee surgery and assessed Plaintiff with piriformis syndrome. Through investigation, it was discovered that plaintiff had at least four prior lawsuits/insurance claims and that her counsel was the same in at least three of those. Plaintiff’s social media accounts also provided evidence that her claims were fraudulent. Three weeks before the hearing on defendant’s Motion for Summary Judgment – after nearly two years of litigation and $2,500 in discovery sanctions – plaintiff’s counsel advised that plaintiff would dismiss her case for a waiver of costs. Defendant rejected plaintiff’s offer and demanded that plaintiff and/or her counsel pay $5,000 to offset the recoverable costs and for a waiver of any rights defendant may have to a malicious prosecution claim. One day before the next round of discovery motions, plaintiff filed a dismissal. A memorandum of costs was promptly filed for $18,217.05 (including expert witness fees pursuant to a valid §998 offer and $1,500 in outstanding discovery sanctions). A writ was simultaneously prepared and filed for recovery of the $1,500 in previously awarded discovery sanctions that plaintiff’s counsel refused to pay. Plaintiff filed a Motion to Tax Costs which was heard on June 25, 2019. The Court was advised that the discovery sanctions were pursued via writ and $168.68 in costs were conceded resulting in a final award of $16,552.37. The Beverly Hills Sheriff’s Department levied the plaintiff’s counsel’s bank account and funds to satisfy the award were received on July 10, 2019.
March 2019