Judge: Joel R Wohlfeil, Case: 37-2018-00054834-CU-BT-CTL, Date: 2024-04-16 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
DEPT.:
EVENT DATE:
EVENT TIME:
HALL OF JUSTICE
TENTATIVE RULINGS - March 22, 2024
03/25/2024 09:00:00 AM C-73 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Joel R. Wohlfeil
CASE NO.:
CASE CATEGORY:
EVENT TYPE:
CASE TITLE: CASE TYPE:
Civil - Unlimited Business Tort Ex Parte 37-2018-00054834-CU-BT-CTL AMINPOUR VS CALHOUN [IMAGED] CAUSAL DOCUMENT/DATE FILED:
The Ex Parte Application (ROA # 1261) of non-parties San Diego District Attorney Summer Stephan ('Stephan'), former Deputy District Attorney Victor Barr ('DDA Barr'), Deputy District Attorney Ryan Karkenny ('DDA Karkenny') and former District Attorney Investigator Glenn Gossett ('Gossett') for an order quashing the trial subpoenas delivered to the District Attorney's Office ('DA's Office') to purportedly compel the individuals to testify at the trial in this matter, is GRANTED for the reasons set forth in the Application.
The Court will sign the [PROPOSED] ORDER GRANTING EX PARTE APPLICATION TO QUASH SUBPOENAS – ROA # 1262 – at the hearing of this Application.
Motions in Limine Defendants DAN FULKERSON and PAUL BATTA No. 1 (# 1193): To exclude evidence of documents of, mentioning, arguing, or otherwise referencing extortion – DENY.
No. 2 (# 1194): To preclude Plaintiffs from calling William Ingersoll as a witness – DENY.
No. 3 (# 1195): To exclude evidence of interference with Aminpour's existing or future clients, or with the economic interference claim, with Larking, Inc. – DENY.
No. 4 (# 1196): To exclude evidence of Lara Calhoun's assertion of attorney / client privilege – DENY.
No. 5 (# 1197): To exclude evidence of reputation damages – DENY.
No. 6 (# 1198): To preclude Plaintiffs from calling Richard Clarke as a witness – DENY.
No. 7 (# 1199): To exclude evidence of the State Bar findings or results – GRANT.
No. 8 (# 1200): To preclude Plaintiffs from calling Ray Ryan as a witness – DENY.
No. 9 (# 1201): To preclude Plaintiffs from presenting character evidence – DENY.
No. 10 (# 1202): To bifurcate the punitive damages phase of the trial – GRANT.
Calendar No.: Event ID: TENTATIVE RULINGS
3105458 3 CASE NUMBER: CASE TITLE: AMINPOUR VS CALHOUN [IMAGED] 37-2018-00054834-CU-BT-CTL No. 11 (# 1203): To sever Defendant's trial from Calhoun's trial – DENY. Separate trials will be not conducive to expedition and economy. CCP 1048(b) No. 12 (# 1204): To exclude testimony of Mitchell Lathrop – DENY.
No. 13 (# 1205): To exclude witnesses for whom Plaintiffs did not disclose the substance of witness testimony – DENY.
No. 14 (# 1239): To compel California Bank & Trust, Vibra Bank and BBVCA Bank to produce documents responsive to the subpoena duces tecum served by the Defendants – DENY. Discovery is closed.
Plaintiffs ASHKAN KING AMINPOUR and LARKING, INC.
No. 1 (# 1206): To exclude evidence of Plaintiff AMINPOUR's tax liens as mentioned in the deposition testimony of Defendant LARA D. CALHOUN – DENY.
No. 2 (# 1207): To exclude evidence of Plaintiff AMINPOUR's financial worth – GRANT.
No. 3 (# 1208): To exclude evidence of Plaintiff AMINPOUR's 'Ponzi scheme' – DENY.
No. 4 (# 1209): To exclude complaints to the San Diego Sheriff's Department made by Defendant LARA D. CALHOUN – GRANT.
No. 5 (# 1210): To exclude evidence of Plaintiff AMINPOUR sending $500 to Defendant LARA D.
CALHOUN ('Calhoun') to buy an unmarked gun in Las Vegas – GRANT.
No. 6 (# 1211): To exclude evidence of business practices, structure, premises, or other business of Plaintiff's non-party law firm, Aminpour & Associates ('A & A') – DENY.
No. 7 (# 1212): To exclude evidence of personal relationships or sexual activities or references involving Plaintiff or other employees of Plaintiff's non-party law firm, Aminpour & Associates ('A & A') – GRANT.
No. 8 (# 1213): To exclude evidence of LARA D. CALHOUN being named as a beneficiary under Plaintiff's life insurance policy – DENY.
No. 9 (# 1214): To exclude evidence of guns in Plaintiff AMINPOUR's office or his possession, or in the possession of his bodyguard Eddy Gill – GRANT.
No. 10 (# 1215): To exclude evidence, or reference to Plaintiff AMINPOUR's credit, creditworthiness or credit score – GRANT.
No. 11 (# 1217): To exclude evidence of Plaintiff AMINPOUR's heritage or place of birth – GRANT.
No. 12 (# 1219): To exclude evidence of promises Plaintiff AMINPOUR of gifts to intended to make – DENY to Calhoun; otherwise, GRANT.
No. 13 (# 1218): To exclude evidence of Plaintiff AMINPOUR's investments, fundraising activities and charitable contributions – GRANT.
No. 14 (# 1220): To exclude evidence of Plaintiff, or his law firm Aminpour & Associates's alleged representation of any client other that Defendant LARA D. CALHOUN ('Calhoun'), including but not limited to Jere Batten and the Hells Angels or Mongols organizations – GRANT.
Calendar No.: Event ID: TENTATIVE RULINGS
3105458 3 CASE NUMBER: CASE TITLE: AMINPOUR VS CALHOUN [IMAGED] 37-2018-00054834-CU-BT-CTL No. 15 (# 1221): To exclude evidence of LARA D. CALHOUN'S claim that she was entitled to more than $750,000 or otherwise entitled to recover herein, due to matters solely related to a distinct lawsuit sounding in legal malpractice, which was brought against Plaintiff and non-parties Alfred Atallah ('Atallah') and Giuseppina Colamussi (San Diego County Superior Court Case No.
37-2021-00014660-CU-FR-CTL); and which remains pending against Aminpour only – GRANT.
No. 16 (# 1222): To exclude evidence of any unauthenticated or previously unproduced recording allegedly made of Plaintiff's voice in any manner, including but not limited to audio recordings, videos, and tapes – DENY.
No. 17 (# 1223): To exclude evidence of Plaintiff's fee splitting and / or sharing with other individuals – GRANT.
No. 18 (# 1224): To exclude evidence of Plaintiff allegedly being suicidal – GRANT.
No. 19 (# 1225): To exclude evidence of Plaintiff's alleged maintenance or use of client trust account funds – HEAR.
No. 20 (# 1226): To exclude evidence of an alleged lack of respect for Plaintiff among his professional colleagues or employees of his law firm, Aminpour & Associates – DENY.
No. 21 (# 1252): To exclude evidence of an inappropriate remark he allegedly made to Defendant CHEYENNE SALINAS (now Colbourn, referenced herein as 'Colbourn') – DENY.
No. 22 (# 1253): For leave to amend Plaintiffs' First Amended Complaint ('FAC' - ROA # 235) to add a Cause of Action (COA) for Constructive Fraud, as to all named Defendants – DENY.
No. 23 (# 1254): To find that Defendant LARA D. CALHOUN ('Calhoun') admitted under oath that she wrote and sent to Plaintiff the email dated October 18, 2018, designated as Exhibit 27 to her Deposition taken herein on March 11, 2020, June 30. 2023, and January 10, 2024; and the undated follow-up text message referencing that email designated as Exhibit 25 to her Deposition; and that this fact is conclusively established as a matter of law – DENY.
No. 24 (# 1255): To find that the Opinion of the Court of Appeal captioned Aminpour v. Fulkerson, No.
D078288, 2022 Cal. App. Unpub. LEXIS 1067, 2022 WL 533784 (Feb. 23, 2022) constitutes a controlling component of the record in this matter – GRANT. This opinion is part of the law of this case.
No. 25 (# 1256): To preclude Order precluding Defendants from calling as a witness Karla Mohnhaupt (Ms. Mohnhaupt') at the trial of this action – DENY.
No. 26 (# 1257): To preclude Defendants from engaging in any form of witness tampering or other inappropriate interference with witnesses or evidence, and for such sanctions for two prior instances of such tampering as the Court may deem appropriate – DENY.
No. 27 (# 1260): To exclude evidence of any damages allegedly owed to Defendants DAN FULKERSON ('Fulkerson') or PAUL BATTA ('Batta') based on their alleged creation of an Internet marketing platform for Plaintiff or his law firm, Aminpour & Associates, during Fulkerson and Batta's term of employment with A & A from approximately 2011 – 2016 – DENY.
No. 29 (# 1258): To find that Defendant LARA D. CALHOUN ('Calhoun') admitted under oath that she wrote and presented to Plaintiff the two draft Letters of Resignation, and the estimate of sums for which she believed she was entitled to be reimbursed, at the meeting held at the Old Spaghetti Factory on October 17, 2018, and that this fact is conclusively established as a matter of law – DENY.
Calendar No.: Event ID: TENTATIVE RULINGS
3105458 3 CASE NUMBER: CASE TITLE: AMINPOUR VS CALHOUN [IMAGED] 37-2018-00054834-CU-BT-CTL No. 31 (# 1228): To find that Defendant LARA D. CALHOUN ('Calhoun') entered a plea of guilty in San Diego Superior Court Case No. CD283558 to misdemeanor violation of Penal Code § 524, on or about May 3, 2021, while represented by counsel, and that this fact is conclusively established as a matter of law – DENY.
No. 32 (# 1229): To exclude Defendants' proposed witness Alfred D. Atallah – DENY.
No. 33 (# 1230): To exclude Defendants' proposed witness Giuseppina Colamussi Durakovic – DENY.
No. 34 (# 1231): To exclude evidence that Plaintiff lodged objections to subpoenas issued by Defendants seeking production of Plaintiff's financial and banking records – GRANT.
Nos. 35 and 50 (# 1232, 1249): To exclude evidence that Plaintiff's Law Firm Trust Account and / or Ledgers was low – HEAR.
No. 36 (# 1233): To evidence that CALHOUN should have received more than a $750,000 gross settlement of her malpractice claim against Aminpour & Associates – DENY.
No. 37 (# 1234): To exclude evidence that AMINPOUR associated with a particular political party or parties and / or that he made donations to the political campaigns of various politicians, judges, district attorneys or other public figures – GRANT.
No. 38 (# 1235): To exclude evidence to any claimed assault or threats to harm Defendants DAN FULKERSON and PAUL BATTA allegedly made by Plaintiff ASHKAN KING AMINPOU – DENY.
No. 39 (# 1236): To exclude evidence to any claim by Defendants DAN FULKERSON and PAUL BATTA that they suffered any recoverable loss associated with any claimed breach of the separation agreement between Aminpour & Associates and them – DENY.
No. 40 (# 1237): To exclude evidence of 'sham loan' by and between AMINPOUR and CALHOUN or similar language – DENY.
No. 41 (# 1240): To exclude evidence of CALHOUN'S alleged contribution of $400,000 to Larking, Inc.
and / or to the business conducted or to be conducted by Larking, Inc. – DENY.
No. 42 (# 1242): To exclude evidence of CALHOUN's alleged damages including reimbursement from Larking, Inc. and / or AMINPOUR – HEAR.
No. 44 (# 1243): To exclude evidence to any claim by Defendants DAN FULKERSON and PAUL BATTA that they suffered any recoverable loss associated with any conduct by AMINPOUR – DENY.
No. 45 (# 1244): To exclude evidence to management of the law firm of Aminpour & Associates – DENY.
No. 46 (# 1245): To exclude evidence that AMINPOUR accused Defendants DAN FULKERSON and PAUL BATTA of stealing client files from the firm of Aminpour & Associates – DENY.
No. 47 (# 1246): To exclude evidence of alleged third-party investors in and to Larking, Inc. and / or to the business conducted or to be conducted by Larking, Inc. – DENY.
No. 48 (# 1247): For judicial notice of State Bar decision – DENY.
No. 49 (# 1248): To exclude evidence of Plaintiff or his law firm Aminpour & Associates's involvement or accusations in prior lawsuits that are unrelated to the present dispute – GRANT.
Calendar No.: Event ID: TENTATIVE RULINGS
3105458 3 CASE NUMBER: CASE TITLE: AMINPOUR VS CALHOUN [IMAGED] 37-2018-00054834-CU-BT-CTL Defendant / Cross-Complainant Lara D. Calhoun No. 1 (# 1285): To exclude evidence related to any alleged injuries to LarKing, Inc. or, in the alternative, to bifurcate trial – DENY.
No. 2 (# 1287): To exclude evidence related to involuntary dissolution – DENY.
No. 3 (# 1289): To evidence by Aminpour related to any alleged injuries to Larking, Inc. – DENY.
No. 4 (# 1291): To exclude the testimony of William Ingersoll and the opinions, reports, and any other evidence proffered by William Ingersoll – DENY.
No. 5 (# 1293): To prohibit evidence of the exoneration of Calhoun's bar complaint against Aminpour, Case Number 19-O-16557 – GRANT; however, the scope of this order is to exclude all evidence of the State Bar complaint against Aminpour.
No. 6 (# 1295): To prohibit Plaintiffs evidence of Calhoun's April 2018 settlement agreement and the subsequent reaffirmance of the 2018 settlement agreement in May 2022 ('Agreements') with Alfred D.
Atallah, Atallah Group APC, Atallah Law Group, and Giuseppina Colamussi (collectively 'Atallah') – HEAR. CACI 217.
No. 7 (# 1298): To exclude evidence of Lara D. Calhoun's prior criminal charges and misdemeanor plea – GRANT.
No. 8 (# 1299): To exclude all non-party witnesses from the courtroom during this trial until such time that each witness has provided testimony – GRANT. Evidence Code 777.
No. 9 (# 1301): To prohibit evidence of several comments, photographs, and a video that were posted on Plaintiff's social media accounts and other miscellaneous internet sources – DENY.
Calendar No.: Event ID: TENTATIVE RULINGS
3105458 3