Judge: Ashfaq G. Chowdhury, Case: 21PSCV01086, Date: 2023-10-06 Tentative Ruling

Case Number: 21PSCV01086    Hearing Date: April 18, 2024    Dept: E

Hearing Date: 04/18/2024 – 8:30am
Case No: 21PSCV01086
Trial Date: UNSET
Case Name: ERIC CHEN, et al. v. JAMES WU, et al.

TENTATIVE RULING ON MOTION FOR PROTECTIVE ORDER

TENTATIVE RULING
The instant motion for protective order was filed on 3/8/2024 by Defendants James Wu and Wen Huang. On 3/11/2024, Defendants’ counsel filed a notice taking the motion for protective order set for April 18, 2024 off calendar.

An Opposition was filed wherein the Opposition states that sanctions are still at issue. Opposition cites CCP § 2025.420(h) which states, “The court shall impose a monetary sanction under Chapter 7 (commencing with § 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP § 2025.420(h).)

Opposition also cites CCP § 2023.020 which states, “Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.” Opposition argues that sanctions should be imposed against Defendants based on the following timeline of alleged events :

3. I personally took the deposition of the person most qualified at All Good Escrow on January 24, 2024. At that deposition, All Good Escrow produced an email sent by Wen Huang. A true and correct copy of that email is attached hereto and incorporated herein as Exhibit 1.

4. To the best of my knowledge, this email had not been produced in discovery prior to that deposition. Therefore, we served a subpoena (the “Subpoena”) for personal appearance on Ms. Huang.

5. At the time we sent the Subpoena, we were not aware, to the best of my knowledge, that Ms. Huang was married to Defendant James Wu (“Defendant”).

6. On March 6, 2024, at 10:40 AM, counsel for Defendant sent a meet and confer stating Ms. Huang’s deposition testimony would be “subject to the privileges in Evidence Code section 970 and 980,” but did not state that Ms. Huang was the wife of Defendant. A true and correct copy of that email is attached hereto and incorporated herein as Exhibit 2.

7. On March 8, 2024, at 9:50 AM, Defendant filed the instant motion without leaving Plaintiffs adequate time to respond to the meet and confer. A true and correct email serving the Motion is attached hereto and incorporated herein as Exhibit 3. For the sake of economy, the motion is not included herein.

8. On March 11, 2024, I sent an email to counsel offering to withdraw the Subpoena if Plaintiff withdrew the Motion. A true and correct copy of that email is attached hereto and incorporated herein as Exhibit 4.

9. That same day, Defendant agreed. A true and correct copy of that email is attached hereto and incorporated herein as Exhibit 5.

10. On March 11, 2024, Defendant filed a withdrawal of the Motion.

11. On March 20, 2024, Pfrancez Quijano of my office emailed Defendant’s counsel, Lyle Mink, to advise the Motion was still on calendar and that, per the Clerk, Defendant’s counsel had to call the department to take it off calendar. For reasons unknown, Mr. Mink refused to do so. A true and correct copy of that email is attached hereto and incorporated herein as Exhibit 6.

(Decl. Changala ¶¶3-11.)

Opposition also states that the Defendants should bear the cost of this opposition.

A Reply was submitted that stated, “This motion was taken off calendar by a notice of taking off calendar filed in this action on March 11, 2024.”

TENTATIVE RULING
The Court will hear from the parties.