Judge: Kevin C. Brazile, Case: 21STCV29569, Date: 2023-02-27 Tentative Ruling

Hearing Date: February 27, 2023

Case Name: Kaplan v. Gimelstob

Case No.: 19STCV19647

Matter: Motion to Compel

Moving Party: Randall Kaplan

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted, except as to sanctions.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an action arising from a fist fight during Halloween trick-or-treating.  

Randall Kaplan seeks to compel non-party Celeste Pete to comply with his business record subpoena.  Kaplan seeks “invoices showing the amounts Gimelstob paid for Pete to be represented by counsel; text message Facebook and Instagram and other social media communications between Pete and Gimelstob; and all communications between Pete and Gimelstob’s former attorneys, Shawn Holley, Michael Kump, Alan Jackson, Kristina Royce (or members of their law firms), and any other lawyer for or related Justin Gimelstob, (2) order Pete to produce her phone for inspection by Kaplan’s counsel, and (3) issue monetary sanctions against Pete in the amount of $22,179.50.”

Because there is no opposition, the Motion is granted.  (Cal. Rules of Court, Rule 8.54(c); Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  However, the Court declines to award any sanctions.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.