Judge: Michelle C. Kim, Case: 19STCV10771, Date: 2023-07-21 Tentative Ruling

Case Number: 19STCV10771    Hearing Date: February 9, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ALEXANDER OLSHANSKY, 

Plaintiff(s), 

vs. 

 

MIKHAIL CHEBAN, ET AL., 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No.: 19STCV10771 

 

[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH SUBPOENA WITHOUT PREJUDICE 

 

Dept. 31 

1:30 p.m.  

February 9, 2024 

 

Plaintiff Alexander Olshansky (“Plaintiff”) filed this action against Mikhail Cheban, et al. for damages arising from a fall on a ladder. On April 29, 2021, the Court granted United Specialty Insurance Company leave to intervene on behalf of defendant Summitridge Enterprise, LLC. 

 

Plaintiff seeks the production of business records from First Knight Financial, Inc. (“FKF”). FKF was defendant Summitridge’s insurance broker. Plaintiff served FKF’s custodian of records on March 14, 2023, seeking: “[a]ny and all insurance agreements, applications for insurance, questionnaires regarding insurance, proof of collateral, business verification documents, and material referring to and/or naming Summitridge Enterprise LLC and/or Mikhail Cheban from 2016 to 2018.” Defendants objected to the deposition subpoena and thus production of the documents have been withheld, absent a Court order. As of January 29, 2024, no opposition was filed.  

 

However, before proceeding on the merits of the motion, Plaintiff must resolve the issue of service. Plaintiff seeking an order for a nonparty to comply with Plaintiff’s deposition subpoena requires the non-party to also be served with the moving papers by personal service, unless the nonparty agrees to accept service by mail or electronic service. (California Rules of Court, Rule 3.1346.) The proof of service indicates only defendants were served.  

 

The motion is therefore denied without prejudice. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 8th day of February 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court