Judge Robert B. Broadbelt, Case Number: BC553996, Date: 2024-12-12 Tentative Ruling

The court considered the moving, opposition, and reply papers filed in connection with this motion.[1]

Defendants Diffusion Pharmaceuticals, Inc., f/k/a RestorGenex Corporation, f/k/a Stratus Media Group, Inc., Pro Sports & Entertainment, Inc., and ProElite, Inc. (“Defendants”) move the court for an order compelling plaintiff Paul Feller (“Plaintiff”) to appear for and testify at deposition.

On September 7, 2023, Defendants served Plaintiff with a Notice of Deposition, noticing Plaintiff’s deposition for September 22, 2023. (Ikem Decl., Ex. KK.) Thereafter, on January 26, 2024, Defendants served Plaintiff with a Notice of Deposition, noticing Plaintiff’s deposition for February 9, 2024. (Ikem Decl., Ex. LL.) Plaintiff objected to the notices of deposition and did not appear for deposition. (Ikem Decl., ¶ 29.)

In his opposition, Plaintiff does not dispute that he did not appear for deposition, instead asserting that (1) he objected to the September 2023 Notice of Deposition on the ground that Defendants did not appear for their depositions, (2) he objected to the February 2024 Notice of Deposition because counsel was traveling and unavailable for deposition on that date, (3) his counsel informed Defendants’ counsel that counsel was “[s]till waiting to hear” about Plaintiff’s availability, but as counsel would be in trial, counsel “figure[]d the end of March, beginning of April[,]” and (4) Defendants did not thereafter notice Plaintiff’s deposition and therefore Plaintiff has not refused to cooperate. (Steiner Decl., ¶¶ 3, 5-7 and Exs. 2 and 4.) However, the court notes that, as late as July 22, 2024, counsel for Defendants requested that Plaintiff provide his availability for deposition. (Ikem Decl., Ex. FF, p. 6 [“Please give available times in August that [Plaintiff] may be deposed”].) Plaintiff did not show that he provided his availability for deposition after that date.

Thus, the court finds that Defendants are entitled to an order compelling Plaintiff to appear for and testify at deposition. (Code Civ. Proc., § 2025.450, subd. (a).) The court therefore grants Defendants’ motion.

The court denies Defendants’ request for monetary sanctions against Plaintiff because their notice of motion did not identify every person, party, and attorney against whom the sanction is sought or specify the sanction sought as required. (Consolidated Memo., p. 11:15-28 [requesting sanctions for fees incurred in preparing pending discovery motions]; Notice of Mot. to Compel Depo., p. 2:1-10; Code Civ. Proc., § 2023.040.)

The court grants defendants Diffusion Pharmaceuticals, Inc., f/k/a RestorGenex Corporation, f/k/a Stratus Media Group, Inc., Pro Sports & Entertainment, Inc., and ProElite, Inc.’s motion to compel deposition attendance and testimony as follows.

The court orders plaintiff Paul Feller to appear for and testify at a deposition to be taken by counsel for defendants Diffusion Pharmaceuticals, Inc., f/k/a RestorGenex Corporation, f/k/a Stratus Media Group, Inc., Pro Sports & Entertainment, Inc., and ProElite, Inc. on ________________, 2025, at 10:00 a.m., at the offices of TroyGould PC, located at 1801 Century Park East, 16th Floor, Los Angeles, California, 90067.

The court denies defendants Diffusion Pharmaceuticals, Inc., f/k/a RestorGenex Corporation, f/k/a Stratus Media Group, Inc., Pro Sports & Entertainment, Inc., and ProElite, Inc.’s request for monetary sanctions.

The court orders defendants Diffusion Pharmaceuticals, Inc., f/k/a RestorGenex Corporation, f/k/a Stratus Media Group, Inc., Pro Sports & Entertainment, Inc., and ProElite, Inc. to give notice of this ruling.

[1] The court notes that Plaintiff has filed a “Consolidated Memorandum of Points and Authorities” in support of this motion and five other pending motions filed by Defendants.

paul feller ; Plaintiff, vs. restorgenex corporation , et al.; Defendants.	Case No.:	BC553996

	Hearing Date:	December 12, 2024

	Time:	10:00 a.m.

	[tentative] Order RE: plaintiff’s motion to compel deposition attendance and testimony of plaintiff