Judge: Kevin C. Brazile, Case: 22STCV18238, Date: 2024-09-05 Tentative Ruling

Hearing Date: September 5, 2024

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

Case No.: 21STCV38459

Matter: Motion for Reconsideration

Moving Party: Anastasiia Arseneva

Responding Party: Omar Zambrano 

Notice: OK

Ruling: The Motion is denied, but see below.

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 now seeks for the Court to reconsider its ruling on the AT&T consent form that has been the subject of numerous proceedings.  Arseneva argues that the consent form does not have a temporal limitation for outgoing calls and texts, despite that the Court ruled that the relevant timeframe should be 02/20/22 through 03/05/22.

The Motion is denied because the “customer information” section indicates in general fashion that the relevant time period for all records is in fact 02/20/22 through 03/05/22.  But, to appease Arseneva, Zambrano should write next to the outgoing information that the same time period applies.  It’s not apparent why this dispute continuously comes before this Court.

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.