Judge: Kevin C. Brazile, Case: 22STCV34811, Date: 2024-04-17 Tentative Ruling

Hearing Date: April 17, 2024

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

Case No.: 21STCV38459

Matter: Motion to Compel Further Responses

Moving Party: Cross-Complainant Anastasiia Arseneva

Responding Party: Cross-Defendant Omar Zambrano 

Notice: OK

Ruling: The Motion is denied without prejudice.

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 to compel Omar Zambrano to provide further responses to her requests for production.

The Motion was filed as a “Motion to Compel Discovery (not ‘Further Discovery’)” in the reservation system, but the Motion clearly seeks to compel further responses.  

As the Motion was improperly filed, it is denied without prejudice.

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.