Judge: Lee W. Tsao, Case: 21NWCV00400, Date: 2023-05-25 Tentative Ruling

Case Number: 21NWCV00400    Hearing Date: April 8, 2024    Dept: C

The Windmill Co. Inc. vs Fayek Sedrak, et al., Case No. 21NWCV00400

Plaintiff The Windmill Co., Inc. applies ex parte for sanctions against Defendants for failing to comply with the Court's January 3, 2024 order compelling the deposition of John Soldat, Defendants' tax preparer.  Plaintiff argues it needs to depose Soldat to obtain information necessary to support its motion for reconsideration of the Court's January 29, 2024 ruling which granted Defendant Sedrak's motion for summary judgment.  Plaintiff’s motion for reconsideration is (scheduled for hearing on October 29, 2024.  In the Court's ruling on Defendant Sedrak’s motion for summary judgment, the Court found that Plaintiff failed to establish that Defendant Sedrak was the alter ego of Defendant O&C Hillside.  At the hearing on the motion, Plaintiff’s Counsel asked for a continuance to obtain additional evidence.  The Court denied the request because it was not made on or before the time the opposition was due.  (CCP § 437c(h).) Thus, it appears Plaintiff is trying to obtain evidence in support of a motion for reconsideration which it ought to have sought in opposition to Defendant Sedrak's motion for summary judgment.  

While the Soldat deposition may still be necessary to establish loss of profit for purposes of trial, Plaintiff does not mention that as a reason in support of its ex parte application.  Plaintiff only argues that Soldat's deposition is required to support its motion for reconsideration.  Moreover, Defendants point out that the January 3, 2024 order is not final because Defendants have filed a motion to reconsider that ruling, which is (scheduled for hearing on September 24, 2024.  Plaintiff has not moved to advance that hearing date.  

Accordingly, Plaintiff's ex parte application is DENIED.  Moving party to give notice.