Judge: Kevin C. Brazile, Case: 21STCV44395, Date: 2024-08-19 Tentative Ruling

Hearing Date: August 19, 2024

Case Name: AMAG, Inc. v. Cubas, et al.

Case No.: 21STCV38459

Matter: Motion to Compel

Moving Party: Anastasiia Arseneva

Responding Party: Omar Zambrano 

Notice: OK

Ruling: The Motion is granted in part.

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. 

On March 6, 2023, Plaintiff AMAG, Inc. filed the operative First Amended Complaint (“FAC”) for (1) fraudulent conversion, (2) misrepresentation, (3) constructive fraud, (4) breach of fiduciary duty, and (5) declaratory relief.  Plaintiff alleges that Defendant Vlaze Media Networks, Inc. sought to avoid the judgment against it in case no. BC587406 by fraudulently transferring certain assets to the other Defendants or with the help of the other Defendants.  

On May 1, 2023, Anastasiia Arseneva filed the operative Second Amended Cross-Complaint (“SACC”) for (1) breach of written contract, (2) quantum meruit, (3) violation of Pen. Code §§ 528.5, 529, and (4) declaratory relief.

Arseneva seeks to compel the inspection of Zambrano’s law offices.  Arseneva wishes to take measurements, photos, and videos.  

Zambrano argues that this inspection would be irrelevant.

The Court will allow a 30-minute inspection in which Arseneva can only take photos.  Photos could be relevant to establishing whether Arseneva is the person in Zambrano’s security footage of the subject burglary.   The burglary is relevant to establishing whether the signatures on Arseneva’s employment agreement were forged.  

Thus, the Motion is granted in part.  An inspection is to take place within 30 days on a mutually agreeable date.  The inspection shall be no longer than 30 minutes.  Arsenevan can only take photos.  Arseneva will not be permitted to inspect any documents or view confidential client information.  Zambrano may call the police to be present for the inspection if there are safety concerns of any kind.  The Court declines to award 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.