Judge: Lee W. Tsao, Case: 20NWCP00021, Date: 2023-11-14 Tentative Ruling

Case Number: 20NWCP00021    Hearing Date: November 14, 2023    Dept: C

Myung Sik Kim vs Byung Ha Chang, et al

CASE NO.: 20NWCP00021

HEARING:  11/14/23 

#2

TENTATIVE ORDER 

Plaintiff Myung Sik Kim’s Motion for an OSC Re: Contempt against S&H Business Management, Inc. is DENIED without prejudice. 

Opposing party to give notice.

Background

On January 12, 2023, in Department L of this Court located at 12720 Norwalk Blvd., Norwalk, CA 90650, the Honorable Amy Yerkey issued an Order Granting Plaintiff’s Petition for a Writ of Mandate in the instant action. Specifically, the Court ordered CHANG and S&H to comply with Plaintiff’s inspection demand at S&H’s headquarters within three (3) weeks from the date of the Court’s Order. (¶ 12, Exhibit D to the February 27, 2023 Declaration of Angie Kim, attached hereto as Exhibit 1.)

On March 8, 2023, at the hearing for an Order to Show Cause re contempt (CCP 1209) for failure to comply with the Court’s January 12, 2023 Order and the Judgment entered against S&H and CHANG on February 3, 2023, this Court ordered as follows: [S&H and Chang] are ordered to make available to [Plaintiff] for inspecting and copying all appropriate documents/records on 03/22/2023 at 10:11 a.m., at the Tokyo Garden restaurant located at 11946 S. Paramount Blvd., Downey, CA 90242.

On March 22, 2023, Plaintiff attended the Court ordered inspection by and through her agents, including but not limited to her counsel and digital forensic expert Gordon Stephens of Edision Litigation Technology Advisory Services (“Edison-LTAS”).

To date, Plaintiff’s digital forensic experts have not been given access to the subject USB flash drive, the two known servers, or access to the database off-site.

Discussion

As a threshold issue, the Court notes that Plaintiff’s Motion is procedurally flawed.  The Motion does not include a notice of motion stating the nature of the order being sought and the grounds for issuance of the order.  (CRC Rule 3.1110(a); CCP § 1010.)  Nor does the motion contain a Memorandum of Points and Authorities, or otherwise state the legal basis for the relief requested. 

Accordingly, the Motion for an OSC re: Contempt is DENIED without prejudice.  Plaintiff may refile a properly noticed motion with legal authority in support thereof.