Judge: Robert B. Broadbelt, Case: 22STCP00479, Date: 2022-08-17 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 22STCP00479    Hearing Date: August 17, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Shawne Merriman, individually and on behalf of Lights Out Xtreme Fighting, Inc.

RESPONDING PARTIES:     Defendants and Cross-Complainants Lights Out Xtreme Fighting, Inc., Steven Bash, and George Bastrmajyan

Motion to Compel Deposition of George Bastrmajyan

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff Shawne Merriman, individually and on behalf of Lights Out Xtreme Fighting, Inc. (“Plaintiff”), moves the court for an order (1) compelling defendant George Bastrmajyan a/k/a Gevork Bastrmajyan (“Defendant”) to appear for deposition; (2) compelling Defendant to produce the documents requested in the notice of deposition; and (3) ordering Defendant to pay to Plaintiff the reasonable costs and attorney’s fees incurred in filing this motion.

The court grants Plaintiff’s motion to compel the deposition of Defendant.  (Code Civ. Proc., § 2025.450, subd. (a).)

Plaintiff has submitted evidence that Defendant has not selected a mutually agreeable date, time, and location for Defendant’s deposition, and did not appear for noticed deposition before removing this case to federal court.  (McGuire Decl., ¶¶ 5-10.)  Defendant, in opposition, does not propose a date for deposition or otherwise indicate that he intends to appear for any noticed deposition, instead arguing that Plaintiff is unlikely to succeed on the merits of his claims and that a stay of discovery is proper.  The court finds that Defendant has not presented valid reasons or evidence in support of any request for the court to stay discovery.  The court therefore grants Plaintiff’s request to compel the deposition of Defendant.

Second, the court finds that Plaintiff has shown good cause justifying the production of the documents requested in Plaintiff’s notice of deposition and therefore orders Defendant to produce the documents specified in the notice of deposition.

Third, the court denies Plaintiff’s request for attorney’s fees and costs on the motion because the motion is not accompanied by a declaration setting forth facts supporting the amount of the monetary sanction sought.  (Code Civ. Proc., § 2023.040.)

ORDER

            The court grants plaintiff Shawne Merriman’s motion to compel the deposition of George Bastrmajyan, a/k/a Gevork G. Bastrmajyan.  (Code Civ. Proc., § 2025.450.)

The court orders defendant George Bastrmajyan a/k/a Gevork Bastrmajyan (1) to attend and testify at a deposition to be taken by plaintiff Shawne Merriman on ___________________, 2022, at 10:00 a.m., at 5670 Wilshire Blvd., Suite 1800, Los Angeles, California 90036, or other location selected by Plaintiff, and (2) to produce for inspection at the deposition the documents described in the deposition notice attached as Exhibit 1 to the declaration of Daniel McGuire.

The court orders plaintiff Shawne Merriman to give notice of this ruling.

IT IS SO ORDERED.

DATED:  August 17, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court