Judge: Randall J. Sherman, Case: 2023-01307998, Date: 2023-07-21 Tentative Ruling

The tentative ruling is that defendants Mehmet Emre Akguc, MEA International Group, LLC, Uber Black Service LLC, Dream Transportation, LLC, Marsan Akguc Law Firm, P.C. and Esra Marsan’s Motion to Quash Subpoena for Production of Business Records, or in the Alternative, for Protective Order, is ordered off calendar without prejudice.  Plaintiffs’ opposition request for sanctions of $3,250 against defendants is granted, payable within 30 days.

On July 14, 2023, this court ordered this action to arbitration in part, stayed this action in part, and declined to stay this action in part.  Defendants have filed three Motions to Quash Subpoena for Production of Business Records, two of which are set for hearing this week and next week, and one of which defendants just filed on July 19, 2023, after this court’s recent arbitration/stay ruling.  There is nothing in the latest motion explaining if the relevant issues relate to stayed matters or matters for the arbitrator.  Nor is there anything in the previously filed motions of that nature.  However, since there is great overlap in all of plaintiffs’ claims in this lawsuit, this court must at least tentatively conclude that the subpoenas which defendants seek to quash relate at least in part to some of the causes of action that have been ordered to arbitration and/or stayed, and as a result, these three discovery motions should either be determined by the arbitrator or considered stayed.  Accordingly, all three Motions to Quash are ordered off calendar without prejudice.

Plaintiffs’ request for sanctions is granted because defendants failed to engage in the required meet and confer before filing this motion.  CCP §§2025.410(c); 2023.010(i).  The fact that defendants changed attorneys on the date they filed this motion doesn’t excuse their non-compliance.  Prior counsel could have started a meet and confer, or new counsel could have requested an extension to bring the motion.

A Case Management Conference is also set for today and will go forward.

Plaintiffs are ordered to give notice of the ruling unless notice is waived.