Judge: Jon R. Takasugi, Case: 21STLC01591, Date: 2023-07-25 Tentative Ruling

Case Number: 21STLC01591    Hearing Date: July 25, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for a protective order is GRANTED.

On 2/24/2021, Plaintiff Yun Sam Chung (Plaintiff) filed suit against Ji Hyun Kang and Yun Kyeong Won (collectively, Defendants), alleging: (1) breach of oral agreement; (2) open book account; (3) account stated; and (4) breach of personal guarantees.

            Now, Plaintiff moves for a protective order staying all post-judgment discovery.

            The motion is unopposed.

Discussion 

            Plaintiff seeks a protective order: (1) staying all post-judgment discovery, including all pending post-judgment written discovery and the debtor's examination currently set for 6/13/2023; (2) that said stay be imposed for 30 days pending payment by Chung of any outstanding attorney's fees and costs incurred by judgment creditors to enforce and/or collect the monetary sanctions previously issued by the Court in this case; and (3) ordering defendants and judgment creditors Ji Hyun Kang and Won Yun Kyeong to produce all invoices that reflect the attorney's fees and costs they incurred to enforced and/or collect the monetary sanctions previously issued by this Court.

            Plaintiff argues that good cause exists to issue the requested order because despite “[Plaintiff’s] representations that he stands ready, willing, and able to pay recoverable post-judgment fees and costs, Kang has refused to provide the requisite information and, instead, is attempting to proceed with wholly unwarranted post-judgment discovery.” (Motion, 3: 13-15.)

            After review, the Court agrees that good cause exists. Plaintiff is attempting to make payments for all post-judgment fees and costs owed. Defendant did not oppose this motion, and has not offered any explanation for why he has failed to produce the requested information. Such conduct lends credence to Plaintiff’s suggestion that Defendant is attempting through delay to inflate post-judgment attorney fees and costs.

            Based on the foregoing, Plaintiff’s motion for a protective order is granted.

It is so ordered.

Dated:  July    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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