Fertility Doctor Fails to Appear for Deposition

Attorneys for plaintiffs in the UC Irvine fertility scandal are fuming at Dr. Ricardo H. Asch’s failure to show up for Monday’s scheduled deposition in nearly a dozen lawsuits stemming from the alleged egg-stealing scheme.

Asch’s attorneys argued in court papers last week that the fertility specialist should not be required to appear for a deposition in Orange County because he now is living in Mexico City.

“It’s basically a matter of him not living here,” said Asch’s civil attorney, Ken Steelman.

However, attorneys for plaintiffs in the case said they feel deceived because Asch’s lawyers did not object when the deposition date was set, nor did they inform the court of Asch’s move until the latest possible time.

“We will file a motion to compel his deposition” in Orange County, said Santa Monica attorney Larry Feldman, who is representing two couples alleging Asch and his two partners stole their eggs or embryos and gave them to others.

Feldman said he has seen no evidence to indicate that Asch lives in Mexico City. Also, he said, Asch should be forced to give his deposition in Orange County because that is where the alleged wrongdoing was committed.

Feldman said the plaintiffs’ attorneys will seek sanctions against the doctors’ attorneys for misleading them.

Attorney Melanie Blum of Orange said the patients’ lawyers also may seek to obtain a default judgment against Asch, meaning that he automatically loses the case and his assets may be seized to compensate the plaintiffs.

But even if such a judgment is rendered, it is not clear Asch has any significant assets left in the United States, Blum said. He recently sold a $2-million home in Del Mar and a $1-million home in Newport Beach.