Judge: Teresa A. Beaudet, Case: 21STCV04269, Date: 2022-12-07 Tentative Ruling
Case Number: 21STCV04269 Hearing Date: December 7, 2022 Dept: 50
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290 beowawie llc, Plaintiff, vs. indinero inc., et al., Defendants. |
Case No.: |
21STCV04269 |
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Hearing Date: |
December 7, 2022 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE] ORDER RE: MOTION OF PLAINTIFF 290 BEOWAWIE LLC FOR ORDER DIRECTING NON-PARTY
JONES & ROTH CERTIFIED PUBLIC ACCOUNTANTS TO SHOW CAUSE WHY IT SHOULD NOT
BE HELD IN CONTEMPT AND/OR COMPELLING SECOND SESSION OF DEPOSITION OF
NON-PARTY JONES & ROTH CERTIFIED PUBLIC ACCOUNTANTS AND PRODUCTION OF
MATERIALS IN ACCORDANCE THEREWITH; REQUEST FOR MONETARY SANCTIONS IN THE SUM
OF $3,260.00 AGAINST JONES & ROTH CERTIFIED PUBLIC ACCOUNTANTS, ELIZABETH
LOWERY, ESQ., AND FREEMAN MATHIS & GARY, LLP |
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Background
Plaintiff 290 Beowawie LLC (“Plaintiff”) filed
this action on February 2, 2021. On October 25, 2022, Plaintiff filed the
operative Second Amended Complaint against a number of Defendants, asserting
causes of action for (1) breach of contract, (2) relief against avoidable
transfers and/or obligations, (3) breach of fiduciary duty, (4) quia timet, and
(5) unjust enrichment.
On October 14, 2022, Plaintiff filed a motion for an order “directing Non-Party Jones & Roth Certified Public
Accountants to show cause why it should not be held in contempt and/or compelling second session of
deposition of Non-Party Jones & Roth Certified Public Accountants, and production of
materials in connection therewith, as well as imposing monetary sanctions in the sum of $3,260.00
against Jones & Roth Certified Public Accountants, Elizabeth Lowery, Esq., and Freeman Mathis &
Gary, LLP.” Non-Party Jones & Roth,
P.C., CPA (J&R) filed
a non-opposition.[1]
Discussion
As an initial matter,
in its non-opposition, J&R indicates that it “no longer objects to producing documents or information Plaintiff seeks to compel via its Motion dated October 14,
2022.” (Non-Opp’n at p. 1:22-23.) J&R also indicates that “counsel have
agreed upon a date for a further deposition of [J&R’s] two Person(s) Most Knowledgeable.” (Opp’n at p. 2:6-7.) Based on the
foregoing, Plaintiff’s instant motion “for order directing Non-Party Jones & Roth Certified
Public Accountants to show cause why it should not be held in contempt and/or
compelling second session of deposition of Non-Party Jones & Roth Certified
Public Accountants, and production of
materials in connection therewith” is moot.
Plaintiff also seeks monetary
sanctions in the amount of $3,260.00 against J&R, Elizabeth Lowery, Esq.,
and Freeman Mathis & Gary, LLP. However, Plaintiff does not cite to any
legal authority supporting such request. Thus, the Court denies Plaintiff’s
request for sanctions.
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Conclusion
Based on the foregoing, Plaintiff’s
motion for an
order directing J&R to
show cause why it should not be held in contempt and/or compelling second session of deposition of J&R, and
production of materials in connection therewith, is denied as moot. Plaintiff’s request for sanctions is denied.
Plaintiff is ordered to give notice of this ruling.
DATED:
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court
[1]The Court notes
that on September 7, 2022, an
Informal Discovery Conference was held. The Court’s September 7, 2022 minute
order provides, inter alia, that “Plaintiff
and third-party Jones & Roth Certified Public Accountants (“J & R”)
attended an Informal
Discovery Conference (“IDC”)…The attendees agreed to further meet and confer to
discuss the issues addressed in their respective IDC statements. At the request
of both attendees, the Court continued the date for filing and serving a motion
to compel regarding the production of a further qualified witness from J &
R and the production of documents, both pursuant to a subpoena served on J
& R, to 10/17/22. The hearing on that motion is set on 12/7/22.”