Judge: Kevin C. Brazile, Case: 24STCV10388, Date: 2025-04-09 Tentative Ruling

Hearing Date: April 9, 2025

Case Name: Redd v. Feldman, et al.

Case No.: 23STCV31118

Matter: Motion to Compel

Moving Party: Plaintiff Latoya S. Redd 

Responding Party: Defendant Thomas Kovich

Notice: OK

Ruling: The Motion is granted in part.

Moving party to give notice.

The Court encourages all parties to appear remotely via LA CourtConnect.  If submitting on the Court's tentative ruling, please follow the instructions provided above.

This is an action in which Plaintiff Latoya S. Redd claims that Defendants failed to pay her $35,489.51 attorneys’ fee lien with settlement funds from case no. YC072873.  

Defendant William R. Johnson is an attorney at Tyson & Mendes, LLP (“T&M”).  Johnson/T&M represented Kovich as a defendant in  YC072873.  Kovich’s liability for the settlement was apparently $1,500.  Redd represented the plaintiff in YC072873.  Around September 25, 2019, Redd’s representation of the client was terminated.  Redd then asserted a fee lien.  Redd contends that it was wrongful for Defendants not to pay her lien and instead attempt to “settle around” the lien.  

Redd asserts claims for (1) concealment, (2) intentional interference with prospective economic damage, (3) intentional interference with contractual relations, (4) breach of fiduciary duty, (5) common count, and (6) negligent interference with prospective economic damages.  

Redd now seeks to compel the deposition of Kovich.  Redd contends that the deposition will provide “evidence needed in order to prove Thomas Kovich’s role in the causes of action plead against him, including who he gave the $1,500 cashier’s check to and the ‘hands’ that the $1,500 cashier’s check was transferred to after the cashier’s check was issued; and, the cashing of the $1,500 cashier’s check. And, the documents requested support damages in the case. Plaintiff needs to question Thomas Kovich regarding the documents requested.”

Plaintiff is entitled to depose a defendant, including Kovich.  However, Kovich already admitted in discovery that he contributed $1,500 to the subject settlement; that the $1,500 was sent to T&M; and that T&M deposited the check into its trust account, which is the money’s current location.  Thus, there is seemingly little testimony to obtain from Kovich; the Court will limit the instant virtual deposition to only 2 hours.

Kovich complains that this action should be stayed as to him because the Court denied his anti-SLAPP motion and then an appeal was filed.  The notice of appeal, however, states that the only appellants are T&M and Johnson.  

The Motion is granted in part as set forth herein.  The deposition is to take place within 30 days.

Moving party to give notice.