Judge: Kevin C. Brazile, Case: 23STCV18678, Date: 2024-05-31 Tentative Ruling
Hearing Date: May 31, 2024
Case Name: AMAG, Inc. v. Cubas, et al.
Case No.: 21STCV38459
Matter: Motion to Compel
Moving Party: Omar Zambrano
Responding Party: Anastasiia Arseneva
Notice: OK
Ruling: The Motion is granted.
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.
On March 8, 2024, the Court granted Arseneva’s motion to quash a subpoena issued to AT&T. The Court found that the documents sought were proper but that “the lack of the consumer’s consent pursuant to CCP § 1985.3(f) is fatal to the subpoena. Zambrano’s proper course of action would be to request an order from the Court compelling Arseneva’s consent if Arseneva refuses to provide it, then reserving the subpoena in compliance with the prescribed notice requirements articulated in CCP § 1985(b)(2).”
Zambrano now seeks to compel Arseneva to sign a consent form for the same subpoena discussed in the March 8, 2024, hearing.
Arseneva has filed an opposition that lacks merit. The Motion to Compel is granted. A signature is to be provided within 5 days or the Court will set an OSC re: Daily 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.
Case Number: 23STCV18678 Hearing Date: May 31, 2024 Dept: 20
Tentative Ruling
Judge Kevin C. Brazile