Judge Jon R. Takasugi, Case Number: 22STCV30718, Date: 2025-03-05 Tentative Ruling

Defendant’s motions to compel deposition are GRANTED. Brett and Rebecca Gagnon are to complete their depositions within 30 days of entry of this order. Brett Gagnon is sanctioned, jointly and severally with counsel, $14,668.14, and Rebecca Gagnon is sanctioned, jointly and severally with counsel, $12,763.17, to cover the costs of the depositions which were improperly terminated. Sanctions payable within 60 days.

Moreover, the Court GRANTS Defendant’s request for a protective order, barring Mr. Steven Wilheim from speaking during the depositions.

a directive capacity on behalf of Geminon Properties, LLC (Plaintiff) against Arsalan Hamidi (Defendant). On 6/5/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of operating agreement; (2) breach of fiduciary duties; (3) constructive fraud; (4) constructive trust; (5) conversion; (6) cessation; and (7) declaratory relief.

On 11/26/2024, Defendant moved for a protective order, and moves to compel the depositions of Brett Gagnon and Rebecca Gagnon.

Defendant’s motions stem from conduct at the initial depositions of Brett and Rebecca Gagnon, which were suspended as a result of conflict between members present.

It goes without question that Brett and Rebecca Gagnon must appear and complete depositions. Rebecca Gagnon apparently “inexplicably and unilaterally decided to leave the deposition early and did not return.” (Mtn. 10: 6-7.) Brett Gagnon’s deposition apparently lasted only approximately 15 minutes, with Plaintiff repeatedly insulting Defense counsel by calling him an asshole, narcissist, and prick, among other things, and acted aggressively towards Defense counsel as well as the court reporter. (Kashfian Decl. ¶ 21; Omnibus Huang Decl. ¶ 5.)

Defendant also submitted evidence that during the deposition, Steven Wilheim, a disbarred attorney, who was supposed to only be assisting Ms. Kelso with documents as a hired paralegal, participated in the deposition by trying to make statements for the record, and refused to stop. (Id.; Kashfian Decl., ¶ 22 & Exh. 25.)

Brett and Rebecca Gagnon are to complete their depositions within 30 days of entry of this order. They are each sanctioned, jointly and severally with counsel, $14,668.14, to cover the costs of the depositions which were improperly terminated.

Any party or deponent may move for a protective order and the Court may make any order that justice requires to protect any party or deponent from “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420, subds. (a), (b).) The issuance of a protective order is warranted upon showing of good cause, where “the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.020, subd. (a); Emerson Elec. Co. v. Superior Court (1997) 16 Cal.4th 1101, 1110 (Emerson).)

Here, the court finds it appropriate to bar Mr. Wilheim from speaking during the depositions.[1]

Based on the foregoing, Brett and Rebecca Gagnon are to complete their depositions within 30 days of entry of this order. Brett Gagnon is sanctioned, jointly and severally with counsel, $14,668.14, and Rebecca Gagnon is sanctioned, jointly and severally with counsel, $12,763.17, to cover the costs of the depositions which were improperly terminated. Moreover, the Court grants Defendant’s request for a protective order, barring Mr. Wilheim from speaking during the depositions.

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213) 633-0517.

[1] The Court declines to address Defendant’s arguments regarding California Rules of Professional Conduct, rule 5.3.1. Given that Defendant is not represented by Mr. Amidon, he lacks standing to assert an alleged violation on behalf of the Gagnons, given that they are the individuals represented by him.