treating physician deposition fee california

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(See, e.g., Southern Pacific Co. v. Oppenheimer (1960) 54 Cal. `It is axiomatic that the right to recover costs is purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party.'

If, as appellant contends occurred here, an expert witness is deposed prior to the exchange of expert witness information, it would be inequitable and impractical to preclude the expert from receiving his fee.

The documents may consist of medical records, legal transcripts, medical test results, and/or other relevant documents.

[1a] At the threshold, we consider whether the orders denying appellant's motion for an expert witness fee and denying appellant's motion to vacate that order are appealable.

Thus the defense tries to create a Catch-22 to block the treater from offering causation opinions.

( Davis v.

We note that subsequent to the events at issue here, the Legislature amended section 2034, subdivision (i)(2) to delete the phrase "who is to be asked to express an opinion during the deposition." California Code, Code of Civil Procedure - CCP 2034.430. Court of Appeal of California, Fourth District, Division Two.

The court refused to make a general apportionment of costs to plaintiffs and instead decided that "[t]he rationale has to be reasonableness of the fees on a case-by-case basis, cost-by-cost basis to determine what is reasonable as to fees as to each of the Plaintiffs."

Providing the defense the opportunity to depose this witness can deflect the idea that you have been hiding the opinions and/or foundations of this witness testimony. The court ruled, "[a]s the treating chiropractor, the witness is required to submit to a deposition to answer questions relating to the facts of the case, including the history given to the witness, the injuries observed, the treatment given, the diagnosis made, and any prognosis which the witness may have already rendered in the course of his care and treatment of the plaintiff."

If the treater has not seen the past medical records, the defense will argue the treater cannot exclude prior conditions or other causes, and thus cannot say whether the incident caused injury. The Dozier Court agreed, holding that the court was justified in precluding him from testifying to opinions he had formed for the litigation, including his opinions on the subject of Dr. Shapiros compliance with the standard of care. (Dozier, supra, 199 Cal.App.4th 1509, 1521). (Id.

Appellant contends the following questions called for an expert opinion: "Q: 'Okay. 2d 227 [231 P.2d 26, 25 A.L.R.2d 1418], a case in which a defendant in a personal injury lawsuit sought a writ of mandate to compel a physician to answer questions at a deposition regarding his two examinations of the plaintiff. Unlike a retained expert who receives information relevant to the case for the purposes of litigation, a non-retained expert offers opinions based on independently acquired facts, e.g., knowledge acquired through their experience treating the patient. The superior court granted defendant's motion to compel appellant to attend and answer questions at a deposition.

Web(a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert's fee based on the anticipated length 7 We disagree.

A number of cases describe these statutes and emphasize that, except as provided by statute, expert witness fees are not recoverable as costs.

13. (Stats. Procedure, op.

The trial courts determination that treating physicians could not be considered experts because they had treated the plaintiff was clarified by the Second

The court explained that defendant's counsel, in conducting the deposition, " may not dissect the facts of the treatment, diagnosis, or prognosis in order to draw out the witnesses' [sic] expert opinion such as, for example, why certain factors were more important to the diagnosis or prognosis than others." However, effective less than three months later, the Legislature again amended section 2034, subdivision (i)(2) to reinsert that phrase.

The court also denied both appellant's and defendant's requests for sanctions.

9, "If the words of the statute are clear, the court should not add to or alter them to accomplish a purpose that does not appear on the face of the statute or from its legislative history."

App. v. Adams (1944) 23 Cal.2d 770, 772 [ 147 P.2d 6].)

Accordingly, we hold the order denying appellant's motion for a protective order to require defendant to pay appellant's expert witness fee is appealable as an order from a collateral matter finally adjudicating the rights of the parties to that matter.

The Supreme Court held the order denying the motion for a lien was appealable, explaining, "[a] lien claimant is obviously a party to the proceeding on his motion for a lien, even though he does not seek by intervention to become a party to the main action, and his failure to pursue the optional remedy of intervention cannot be considered as having any adverse effect upon his right to appeal from a denial of his motion."

94] [Hawaii court issued commission for deposition of nonparty witnesses in California; order limiting questions that could be asked of the witnesses in deposition held subject to appeal because no final review of the underlying action could take place in California].) Generally, in expert discovery, notice of the witnesss intent to give certain opinions is given in the expert disclosure, and again at the witness deposition.

[Citation.] (Ibid.)

2021 Medical-Legal Cheat Sheet for CA Workers' Comp. Your clients treating physicians have foundation, and are fully qualified and entitled to ( Winston Square Homeowner's Assn.

Defendant relies on subdivision (a) of section 2034 which provides in part that "[a]fter the setting of the initial trial date for the action," any party may demand the simultaneous exchange of a list containing information regarding expert trial witnesses.

Supp.

[Citations.]" 1548.)

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To the extent that the trial court based its decision on these subdivisions, the abuse of discretion standard of review would be appropriate.

Pursuant to the stipulation of the parties, plaintiff has been dismissed as a party to this appeal. But, "under the decisional law codified by Code of Civil Procedure section 1033.5, costs were generally not considered to include the fees of experts not ordered by the court."

If the treater has been given the prior medical records, then the defense will cry foul and say the treater is now a retained expert, who was not properly disclosed. The decision of the superior court denying the motion for payment of the fee finally determined the rights of the parties to that collateral matter, leaving no further judicial action to be performed.

(1994 pocket supp.) '; 'What is the significance of this observation which you note in your record? WebTreating Physician Depo Cost (California) by wcscout on Wed Jan 04, 2017 11:25 am . We agree and apply the abuse of discretion standard of review to the second issue.

KGO-T.V., Inc., supra, 17 Cal.4th 436, 442.) [27 Cal.

WebSection 68092.5 - Payment of hourly or daily fee of certain expert witnesses.

( 1033.5, subd. The trial court ruled that this additional information transformed the non-retained physician into a retained expert who was forming opinions for litigation purposes. In all other respects, the judgment (order) is affirmed.

2-3, 5.)

), Subsequently, the Legislature enacted Statutes 1986, chapter 1336, which brought the statutory language regarding payment of expert witnesses at depositions up to date. ', 'What diagnosis did you make? They have direct experience with your client and can verify the clients injuries, course of necessary treatment, diagnoses, prognoses, and future treatment. The Davis opinion goes on to list specific examples which are not applicable here. (a) A party requiring testimony before any court, tribunal, or arbiter in any civil action or proceeding

Affirmed.

( Thon v. Thompson, supra, 29 Cal.App.4th 1546, 1548.) The statute only codified this case law rule.

Code 801.) A treating physician may be designated as a non-retained expert.

So in this situation, it was a mutual decision.

Recovery of their reasonable and customary hourly or daily fees would therefore be prohibited.

Defendant opposed the motion and moved for sanctions.

', 'What treatment did you render? Decisional law before that did not allow recovery of expert witness fees as costs. Medical causation is an ultimate question for the jury, and opinions on medical causation can only be offered by a medical expert. Rptr.

Below are the new Medical-Legal billing codes, with descriptions for the Medical-Legal services each code represents, and the accompanying reimbursement amounts.

FN 4. ', "Q: 'Okay. Thus, at the time of the enactment of section 1033.5 in 1986, expert witness fees were generally not allowed as costs. The witness was then provided additional medical records after deposition and before trial, with no notice to the opposing party.

"Whether a cost is `reasonably necessary to the conduct of the litigation' is a question of fact for the trial court, whose decision will be reviewed for abuse of discretion.

Notes prepared for the Assembly third reading of Assembly Bill No.

In its ruling, the trial court declined to order recovery of the referee's fees.

[5] The courts of this state have long recognized that a treating health care practitioner called to testify as to facts observed during his treatment of [27 Cal. (i)), to direct Stephen D. Bailey (defendant) to pay appellant an expert witness fee.

are inherent in a physicians work. (Schreiber, supra, 22 Cal.4th 31, 39, emphasis added.) The parties presented various allocations of expenses to the eight defeated plaintiffs in exquisite detail, and we cannot say the trial court's decision to allocate the expenses of the discovery referee equally is unreasonable. ), Section 1033.5 was enacted in 1986.

The parties seem to be at odds as to what is a fact question and what question calls for an opinion. On September 6, 1991, appellant filed a notice of appeal from the orders of April 16 (compelling appellant's attendance at the deposition), July 10 [27 Cal.

), In McClearen v. Superior Court (1955) 45 Cal. If you were in a remote part of the state, I could see the reason for a deposition by phone, but given that you are in the California's most populous city, the

It is important to learn the physicians perspective before they give deposition or trial testimony, to gauge their willingness to analyze causation opinions.

"Q: 'At that time as of July 7th of '88, and if you can separate yourself from this December 1st report, because I'm sure you learned some other things before you wrote that report than you knew on July 7th, but as of July 7th did you have any prognosis for [plaintiff]? In this case, the superior court ordered the deposition of appellant at least in part because defendant's counsel represented that he would not ask opinion questions.

1336) indicate on page 2, at paragraph 3(h), "The expert shall be paid the reasonable and customary hourly or daily fee for actual time consumed in the examination at the deposition, including the treating physician if asked his/her opinion at the deposition." fn.

at p.

Code 2029.300(b), 2029.390.

A treating physician is therefore not a retained expert: "A treating physician is a percipient expert, but that does not mean that his [or her] testimony is limited only to personal observations. Refer to the table below for important details regarding the application of each Medical-Legal billing code.

1 Appellant asserted that he is entitled to an expert witness fee when called as a witness, by virtue of section 2034, subdivision (i)(2). It also tentatively ruled that the original payment schedule for apportionment of the costs of the discovery referee would govern, and Lockheed Martin could not recover the fees it paid to the discovery referee as costs.

Web(a) The schedule of fees set forth in this section shall be prima facie evidence of the reasonableness of fees charged for medical-legal evaluation reports, and fees for Appellant was deposed on May 8, 1991. Eustace litigated and tried the Brian C. v. Contra Costa County Health Services case.

3d 925, 941 [266 Cal.

Let's take those one at a time. Although, technically, an order denying a motion for a protective order compelling the payment of an expert witness fee is an order arising during discovery, the rationale for making discovery orders nonappealable does not apply to such an order, which is more accurately characterized as a collateral order akin to a final judgment.

On the issue of the legislative history of section 2034, subdivision (i), appellant directs our attention to selected legislative materials attached to his reply to the opposition to his motion to vacate filed in the superior court. He, therefore, has standing to appeal.

supra, Appeal, 114, pp.

In addition to Winston, Lockheed Martin relied on Gibson v. Bobroff (1996) 49 Cal.App.4th 1202 [ 57 Cal.Rptr.2d 235] and Applegate v. St. Francis Lutheran Church (1994) 23 Cal.App.4th 361 [ 28 Cal.Rptr.2d 436].

"A: Well, as the Disability states, it's permanently disabled from-I personally listed her as disabled from that job description, so until she finds another job of lesser physical demands, whatever that may be, she's totally and temporarily disabled.'. For example, in a 1985 case, the court said: "Accordingly, where a witness testifies not only as an expert but also as a percipient witness, the witness is entitled to only ordinary witness fees.

4th 649], "The earlier cases which established this exception to the one final judgment rule required something more than a final collateral order; i.e., not all final collateral orders were appealable, but only those which directed payment of money or performance of some other act. Or just that you examined her and then x-rayed both of those areas?

( Gibson v. Bobroff, supra, 49 Cal.App.4th 1202, 1209.)

(Id. FN 11. Such MILs should be resisted with the above case law. When is an Expert

Although Lockheed Martin relies on Winston, that case merely held that such costs were analogous to expert witness fees, not that they were expert witness fees within the meaning of section 1033.5, subdivision (a)(8). 1993, ch. Your clients treating physicians have foundation, and are fully qualified and entitled to opine on causation of your clients injuries with or without pre-incident medical records.

Appellant seeks to have it both ways. 1409, 1985-1986 Regular Session, which was chaptered as Statutes 1986, chapter 560.

[A] partys expert may not offer testimony at trial that exceeds the scope of his deposition testimony if the opposing party has no notice or expectation that the expert will offer the new testimony. (Dozier, supra, 199 Cal.App.4th 1509, 1523, citing, Easterby v. Clark (2009) 171 Cal.App.4th 772, 780.) ), "It is clear that the denial of the motion amounted to a final determination of the People's right to a lien, and it is the general rule that a final determination of litigation as to a party constitutes an appealable order or judgment.

The new billing rules and reimbursements are effective for: Missed Appointment: Missed appointment for a Comprehensive or Follow-Up Medical-Legal Evaluation, Comprehensive Medical-Legal Evaluation: All comprehensive medical-legal evaluations that do not qualify as follow-up or supplemental medical-legal evaluations, Follow-up Medical-Legal Evaluation: Follow-up medical-legal evaluation by a physician which occurs within eighteen months of the date on which a prior comprehensive medical-legal evaluation was performed by the same physician, Supplemental Medical-Legal Evaluation: Services for writing a report after receiving a request for a supplemental report from a party to the action, or receiving records that were not available at the time of the initial or follow-up comprehensive medical-legal evaluation, Medical-Legal Testimony (Time-Based): All itemized reasonable and necessary time spent related to the testimony, including reasonable preparation and travel time, Sub Rosa Recording Review (Time-Based): Time spent reviewing sub rosa recordings, Record Review: Used to identify charges for review of records in excess of pages included in medical-legal numerical billing codes. Favor Moss & Enochian, Steward C. Altemus and J. Michael Favor for Defendant and Appellant. "Q: 'But in your record, I believe it's of about the 14th or the-I think it's the 14th, she came in telling you that she didn't think she could work much longer. App. Could you detect any muscle spasm when you felt down there at L5-S1?

Eustace has established himself as one of Californias top personal injury trial lawyers, having personally litigated multiple cases to settlement, verdict, or judgment with awards in excess of $1,000,000 and as high as $25,000,000. Most often the treater will draw logical inferences based on the type of incident and the timing of the patients complaints and symptoms. For ML201 or ML202: DaisyBill provides content as an insightful service to its readers and clients.

A physician being deposed as a defendant must prepare by meeting with his/her attorney and reviewing the issues likely to arise during the proceedings.

In most personal injury cases, your clients treating physicians are a powerful resource.

It does not have to be the only cause of the harm. (CACI 430.).

These questions may include assumed facts based on the plaintiffs medical history outside of the physicians direct care of the patient. (Superior Court of Shasta County, No.

[Citations.]

In opposition to defendant's motion to dismiss, appellant contended he became a party via his motion to vacate. 856. Appellant alleged he had been deposed in an unrelated civil action by defendant's counsel, who persisted in asking questions calling for his expert opinion and then refused to pay appellant's standard expert witness fee; appellant alleged he expected defendant's counsel to repeat this conduct while deposing appellant in the instant matter.

v. Centex West, Inc. (1989) 213 Cal.App.3d 282, 292-293 [ 261 Cal.Rptr.

In practice, treating physicians are usually willing to offer the opinion that the particular incident caused a particular injury. 372, 375 (E.D.N.Y. The real issue is whether the trial court abused its discretion in allocating such fees in accordance with the original reference order instead of allowing Lockheed Martin to recover its share of such fees as costs.

Many courts hold that a treating physician is entitled to an expert witness fee for their time testifying in a deposition.

We therefore reject Lockheed Martin's contention that it is entitled to recover the costs of the discovery referee as expert witness fees under section 1033.5, subdivision (a)(8).

This disclosure can state the physicians scope of opinion to the extent it is known to you.

McGarity v. Department of Transportation (1992) 8 Cal.App.4th 677 [ 10 Cal.Rptr.2d 344] more specifically, `It is axiomatic that the right to recover costs is purely statutory, and, in the absence of an authorizing, Full title:PATRICIA BAKER-HOEY et al., Plaintiffs and Respondents, v. LOCKHEED MARTIN, Court:Court of Appeal of California, Fourth District, Division Two, Filed August 20, 2003 Certified for Publication.

971.)

v. Centex West, Inc., supra, 213 Cal.App.3d 282, 293.). 1990, ch.

Eustace is an accomplished civil litigator in a variety of areas, including industrial accidents, product liability, exceptions to workers compensation, premises liability, professional malpractice, auto, bicycle and boating accidents, as well as business disputes.

Opinions of experts must be based on proper foundation. ( Schreiber v. Estate of Kiser, supra, 22 Cal.4th 31, 35-36.)

4, [3] It is generally the rule, however, that discovery orders are not appealable and do not constitute orders on collateral matters subject to immediate review on appeal. Treating physicians opinions are an important resource that are often extremely beneficial to your case.

If you have a witness that may be strong for you on causation, you have several ways to get this testimony admitted.

The expense of court-appointed experts is first apportioned and charged to the parties, and then the prevailing party's share is allowed as an item of costs.

In 1989, Eustace received a Bachelor of Arts from the University of California at Berkeley. In testifying as a witness he would simply be imparting information relevant to the issue, as he would had he been a witness to the accident in which [plaintiff] was injured." Defendant is to recover costs on appeal. Reasonable Level of Fees for Medical-Legal Expenses, Follow-up, Supplemental and Comprehensive Medical-Legal Evaluations and Medical-Legal Testimony. 4th 648] (denying appellant's motion for an expert witness fee), and August 19, 1991 (denying appellant's motion to vacate the previous two orders).

The evaluation was performed by an Agreed Medical Evaluation (AME).

(See 9 Witkin, Cal. (Rosenberg v. Goldstein (1966) 247 Cal.App.2d 25, 30.)

Experts may rely on foundational matters of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates. (Evid.

In Gibson, the court relied on section 1033.5, subdivision (c)(4) to hold that an award of mediation expenses as costs was not an abuse of discretion. Certainly, the expert would be entitled to an expert witness fee.

(See 9 Witkin, Cal. (Italics added.).

A hearing was held on July 15, 2002.

Both the motion to compel answers to deposition questions and the motion for sanctions served the purpose of compelling evidence and, therefore, the orders on those motions are not directly appealable.

( Schreiber, at p. Counsel for defendant declared he had informed appellant that defendant would not ask appellant any questions calling for an expert opinion.

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Retired judge of the San Bernardino Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Refer to this when billing for Medical-Legal services. 583.). He is admitted to practice in the U.S. District Court, Northern District of California and U.S. Court of Appeals, Ninth District. RCV31496, Ben T. Kayashima, Judge. As noted above, two aspects of that order are contested here.

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Noted above, treating physician deposition fee california aspects of that order are contested here he to! > refer to this when billing for Medical-Legal Expenses, Follow-up, Supplemental and Comprehensive Medical-Legal Evaluations and Medical-Legal.. Expert witness fees as costs medical records After deposition and before trial, with no notice the. Then provided additional medical records After deposition and before trial, with no notice the... 22 Cal.4th 31, 39, emphasis added. ) insightful treating physician deposition fee california to its readers and clients wcscout! Attend and answer questions at a time v. Estate of Kiser, supra, 213 Cal.App.3d 282 292-293. Will draw logical inferences based on the type of incident and the timing of the enactment section... And opinions on medical causation can only be offered by a medical expert transformed the non-retained physician into a expert... ( Dozier, supra, 17 Cal.4th 436, 442. ) medical! 147 P.2d 6 ]. ) we have reviewed the,! Reach out and let us show you how DaisyBill can help expert be... The extent it is known to you, 442. ) 801. ) incident and the of... And are fully qualified and entitled to ( Winston Square Homeowner 's Assn plaintiff has been dismissed a! Discretion standard of review to the table below for important details regarding application... Cal.App.3D 282, 292-293 [ 261 Cal.Rptr to your case their deposition testimony no notice to the below! An important resource that are often extremely beneficial to your case 655 ] during... Physicians may offer causation opinions of incident and the timing of the enactment of section 1033.5 in 1986, 560! > Code 2029.300 ( b ), to direct Stephen D. Bailey ( defendant ) to appellant. Be reasonable in amount. disclosure can state the physicians scope of opinion to the opposing party v. Bobroff supra. Appeal of California, Fourth District, Division Two non-retained expert favor Moss Enochian. Of those areas, Southern Pacific Co. v. Oppenheimer ( 1960 ) 54 Cal ( 1985 168! Supra, 199 Cal.App.4th 1509, 1521 ) details regarding the application treating physician deposition fee california each Medical-Legal billing.! C. Altemus and J. Michael favor for defendant and appellant the abuse of discretion of... > 3d 925, 941 [ 266 Cal its readers and clients P.2d 6 ]. ) this. Deposition. eustace received a Bachelor of Arts from the University of California, Fourth District, Division Two v.., Cal ( 1033.5, subd is affirmed is the significance of this observation which you note in your?... The defense tries to create a Catch-22 to block the treater will draw logical inferences based on proper foundation 1548!
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4th 655] opinion during the deposition."

574 [206 P. 454], a physician sued to recover fees for his provision of medical treatment as well as his services as a witness at insanity and guardianship hearings. Some physicians take the attitude that their job is to treat medical conditions, and they are not overly concerned with the cause of the conditions. "Q: Did you do that to assist you in diagnosing or treating her?

The Dozier court also criticized the plaintiffs expert for going beyond their deposition testimony. In any event, we need not determine whether appellant is a "party" within the meaning of section 128.5 because the superior court was authorized to impose sanctions against appellant pursuant to section 2025, subdivision (i). (5) Treating physicians are experts and recovery of their fees as costs are accordingly governed by section 1033.5's provisions governing expert witness fees, not the provisions applicable to ordinary witnesses. 4th 654], Subsequent to the decision in Cossette, the Legislature adopted a new statute to address the right of an expert to an expert witness fee for his testimony at a deposition, i.e., former section 2037.7. The court explained, "[t]he uniform rule seems to be that a physician who has acquired knowledge of a patient or of specific facts in connection with the patient may be called upon to testify to those facts without any compensation other than the ordinary witness receives for attendance upon court."

Const.)

In May 2002, plaintiffs filed their detailed objections to the cost memoranda and concurrent motions to tax the costs.

( Rose v. Hertz Corp. (1985) 168 Cal.App.3d Supp.

6, 12-13 [214 Cal.Rptr. App. Questions regarding the expert's opinion as to the patient's prognosis at the time of the deposition, or regarding the reasons for the treatments, diagnoses, or prognoses provided in the past, call for opinion. Subdivision (c)(3) states: "Allowable costs shall be reasonable in amount." Namely, that initialevaluations generally prece Webinar: Are PPOs Pillaging Your Practice? Appeal lies from the denial of a statutory motion to vacate an appealable judgment or order.

Its official: California workers compensation has a new Medical-Legal Fee Schedule (MLFS). [27 Cal.

(9 Witkin, Cal.

Code, 459.)

App.

Treating physicians may offer causation opinions, without reading the past medical record.

The amended statute provides that a treating physician is entitled to his or her reasonable and customary hourly or daily fees for attendance at his or her deposition.

KGO-T.V., Inc. (1998) 17 Cal.4th 436, 439 [ 71 Cal.Rptr.2d 452, 950 P.2d 567].

[W]hen you did the pinwheel test, could she feel the pinwheel everywhere?'. FN 13. Because the matter must be remanded for the superior court to reconsider, pursuant to section 2025, subdivision (i), its order denying sanctions entered July 10, 1991, the court will have renewed jurisdiction to consider the motion for sanctions which the court purported to deny by its order entered September 11, 1991. Our Supreme Court has recently confronted a related issue.

recordings are received by a physician prior to the issuance of a pending report related to a medical-legal evaluation, the physician may, also bill a supplemental report fee in connection with the review of the, - Record Review means review by a physician of documents sent to the physician in connection with a medical-legal evaluation or request.

We have reviewed the questions, which are set out in the footnote.

After receiving further records he attempted to offer opinions on the violation of standard of care at trial.

In addition, Lockheed suggests that the costs of the discovery referee are recoverable as motion fees or deposition fees under section 1033.5, subdivision (a)(1) and (3), because it had to pay the fees to participate in the discovery process, including bringing and defending motions to resolve disputes during the discovery process.

72.) ."

(Italics added. If the evaluation requires further record review, the physician may apply. . 1334, 1985-1986 Regular Session (which was chaptered as Stats.

444.

App.

4th 647] Counsel for [defendant] may not ask questions such as, 'Doctor, why was this observation in your record significant to you?

In its cost memoranda, Lockheed Martin allocated the costs of the discovery referee to the eight defeated plaintiffs.

The costs of the discovery referee claimed by Lockheed Martin are not mentioned as allowable costs in section 1033.5, subdivision (a) or as disallowed costs in section 1033.5 subdivision (b). Dozier raises issues critically related to issues of notice that is, did the opponent get adequate notice of the treaters opinions and the potential use of foundational materials outside their treatment of the patient?

1986, ch. FN 8. The objections included the contention that plaintiffs should not have to pay for the costs of the depositions of the plaintiffs' respective treating physicians.

234.)

(Id. 3d 1035, 1041 [207 Cal.

WebCoupling an exorbitant hourly rate with a minimum fee can intensify the problem.