Judge: Stephen I. Goorvitch, Case: BC675380, Date: 2023-01-17 Tentative Ruling

Case Number: BC675380    Hearing Date: January 17, 2023    Dept: 39

MHJ Group, Inc. et al. v. Ji Li, et al.

Case No. BC675380

Order #1 of 2

Defendants’ Motion to Compel re: Luke Goetz

            Defendants Ji Li, Holly Xiong, and AA Sunrise, Inc. (collectively, “Defendants”) served a subpoena upon Luke Goetz to compel the production of certain documents.  Goetz allegedly failed to comply with the subpoena, so Defendants filed the instant motion to compel.  Plaintiff’s counsel forwarded the motion to Mr. Goetz, and he filed a declaration stating: “I have not reviewed nor do I have any other documents in this case other than those identified in Mr. Fernald’s declaration.”  (Declaration of Luke Goetz, filed on December 6, 2022.)  Therefore, Defendants’ motion is denied as moot.  Defendants’ counsel shall provide notice and file proof of such with the Court.

Order #2 of 2

Defendants’ Motion to Compel re: Yuru Zhen

Defendants Ji Li, Holly Xiong, and AA Sunrise, Inc. (collectively, “Defendants”) served a subpoena upon Yuru Zhen to compel the production of certain documents.  She failed to comply with the subpoena.  (Declaration of Evgeny Swarovski, ¶ 2 & Exh. 1.)  This motion follows, and it was personally served upon Yuru Zhen.  (Id., ¶ 3 & Exh. 2.)  No opposition has been filed, and the record reflects no good cause for Yuru Zhen’s failure to comply with this subpoena.  Therefore, the Court orders as follows:

            1.         Defendants’ motion to compel is granted.  The Court orders Yuru Zhen to produce all documents requested by the subpoena to be produced on or before February 17, 2023, unless Defendants’ counsel stipulates to a different date.

            2.         Defendants seek monetary sanctions in the amount of $2,160 against Yuru Zhen.  Good cause having been shown, the Court grants the request and orders Yuru Zhen to pay $2,160 in monetary sanctions on or before February 21, 2023.  However, the Court shall automatically vacate this order for sanctions if Yuru Zhen produces the requested documents on or before February 17, 2023.  In other words, if Yuru Zhen produces the requested documents, she does not have to pay monetary sanctions.

            3.         Defendants’ counsel shall serve this order, as well as another copy of the subpoena, upon Yuru Zhen forthwith, and a copy of this order upon the parties.  Defendants’ counsel shall file a proof of service forthwith.