Judge: Michael E. Whitaker, Case: 19STCV27988, Date: 2022-12-15 Tentative Ruling

Case Number: 19STCV27988    Hearing Date: December 15, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Plaintiff Ashot Bznuni (“Plaintiff”) sued Starbucks Coffee Company, Starbucks Corporation (“Defendant”), and Does 1-50 based on injuries he suffered while slipping and falling on a slippery substance inside a Starbucks Coffee store.

Defendant moves to compel the deposition of Plaintiff and seeks monetary sanctions against Plaintiff.  Plaintiff has not filed an opposition to the motion.

The Court notes that the proof of service filed in connection with the motion states that the notice of motion and motion were served by email on Plaintiff’s counsel at “liana@kllegalgroup.com.”  But it is unclear whether that email address is the correct email address for Plaintiff’s counsel.  Counsel handling the action for Plaintiff is Liana Ter-oganesyan and the email address listed on the last document filed by Plaintiff, i.e., Request for Dismissal on October 29, 2021, is “karin@kllegalgroup.com.”

Thus, the Court denies Defendant’s motion without prejudice because of the apparent defect in notice to Plaintiff.  Defendant shall provide notice of the Court’s order and file a proof of service of such.