Judge: Melvin D. Sandvig, Case: 22CHCV00770, Date: 2023-04-26 Tentative Ruling

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Case Number: 22CHCV00770    Hearing Date: July 11, 2023    Dept: F47

Dept. F47

Date: 7/11/23

Case #22CHCV00770

MOTION TO QUASH SUBPOENA,

OR ALTERNATIVELY

FOR A PROTECTIVE ORDER

Motion filed on 3/22/23.  Amended Notice filed 3/23/23.

MOVING PARTY: Defendant Gohar Khachatryan

RESPONDING PARTY: Plaintiffs Armen Sefyan and Annie Khostegyan

NOTICE: ok

RELIEF REQUESTED: An order quashing, or alternatively, imposing a protective order, regarding the Subpoena to Custodian of Records for Mortgage Capital Partners (Subpoena) made by Armen Sefyan and Annie Khostegyan (Plaintiffs) on 3/3/23.  Additionally, Defendant requests sanctions in the amount of $1,500.00.    

RULING: The motion is denied.           

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of an alleged breach of an oral agreement to operate a childcare business.  Plaintiffs Armen Sefyan and Annie Khostegyan (Plaintiffs) contend that on or about 12/1/18 Defendants Gohar Khachatryan (Khachatryan) and Armen Artashyan (Artashyan) (collectively, Defendants) entered into an oral agreement with Plaintiffs to be partners in a childcare business operated by Defendants at property owned by Plaintiffs.  Plaintiff contends that Defendants breached the agreement in or around April of 2022 by unilaterally moving the childcare business to a property Defendants had just purchased and claiming the business belonged solely to Defendants.  Defendant Hayk Artashyan (Hayk) is Khachatryan and Artashyan’s son to whom Plaintiff claims Artashyan and Khachatryan have wrongfully transferred money from the child-care business.

On 9/19/22, Plaintiffs filed the original complaint against Defendants for: (1) Breach of Contract, (2) Fraud, (3) Conspiracy to Commit Fraud, (4) Breach of Fiduciary Duty, (5) Embezzlement, (6) Conspiracy to Commit Embezzlement, (7) Conversion of Funds, (8) Constructive Trust, (9) Misappropriation of Funds, (10) Unjust Enrichment, (11) Quiet Title, (12) Property Damage, (13) Punitive Damages and (14) Breach of Contract – Residential Lease. 

On 12/6/22, a First Amended Complaint was filed by Plaintiff Armen Sefyan, only, against Defendants and Hayk Artashyan for: (1) Breach of Contract, (2) Fraud, (3) Breach of Fiduciary Duty, (4) Embezzlement, (5) Misappropriation of Funds, (6) Quiet Title, (7)  Negligence and (8) Breach of Contract – Residential Lease.  On 4/7/23, pursuant to stipulation, Annie Khostegyan was added back as a plaintiff in the action.  (See 4/7/23 Minute Order). 

On 3/3/23, Plaintiffs served a subpoena to Custodian of Records for Mortgage Capital Partners, Inc. for any and all documents from 1/1/22 through the date of production relating to or referencing Gohar Khachatryan. 

On 3/22/23, Khachatryan filed and served the instant motion seeking an order quashing, or alternatively imposing a protective order, regarding the Subpoena to Custodian of Records for Mortgage Capital Partners, Inc. (Subpoena) made by Plaintiffs on 3/3/23.  Additionally, Defendant requests sanctions in the amount of $1,500.00.  

On 6/14/23, Plaintiffs filed and served a “Notice of Withdrawal of Plaintiff’s [sic] Deposition Subpoena for Production of Records, Served on Mortgage Capital Partners, Inc., for Gohar Khachatryan’s Records” (Notice of Withdrawal).

ANALYSIS

Based on the Notice of Withdrawal, the request to quash the Subpoena, or alternatively, for a protective order is moot. 

The Court finds that Khachatryan failed to adequately meet and confer before filing this motion.  The last email communication is from Plaintiff Armen Sefyan on 3/20/23 at 9:05 a.m. indicating that he was happy to further discuss alternatives to avoid the instant motion.  (See Motion, Ex.C).  Khachatryan’s counsel fails to indicate what occurred thereafter.  (See Hollosy Decl.¶8). 

The  supporting declaration also fails explain how the $1,500 request for sanctions was calculated.  (See Hollosy Decl.). 

Additionally, Khachatryan has failed to authenticate any of the exhibits attached to the motion and has failed to electronically bookmark the exhibits attached to the motion as required.  See CRC 3.1110(f)(4). 

CONCLUSION

Based on the foregoing, the request to quash the Subpoena, or alternatively, for a protective order is denied as moot and Khachatryan’s request for sanctions is denied.