This case was last updated from Los Angeles County Superior Courts on 10/17/2021 at 08:30:59 (UTC).

MAHMOUD ALBASHITI, ET AL. VS CARL HOOPINGARNER

Case Summary

On 01/06/2020 MAHMOUD ALBASHITI filed a Personal Injury - Motor Vehicle lawsuit against CARL HOOPINGARNER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0095

  • Filing Date:

    01/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs and Cross Defendants

ALBASHITI MAHMOUD

ALHUSSRI SARA

Cross Plaintiff and Defendant

HOOPINGARNER CARL

Attorney/Law Firm Details

Plaintiff Attorney

HOODACK LAWRENCE

Cross Plaintiff and Defendant Attorneys

RICKETT REBECCA

MUHAR GEORGE

 

Court Documents

Association of Attorney - Association of Attorney

10/14/2021: Association of Attorney - Association of Attorney

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 09/20/2021

9/20/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 09/20/2021

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

9/20/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Minute Order - Minute Order (Hearing on Motion to Compel Plaintiff's Deposition)

7/28/2021: Minute Order - Minute Order (Hearing on Motion to Compel Plaintiff's Deposition)

Stipulation and Order (name extension) - Stipulation and Order to Continue Trial and Related Dates

7/16/2021: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial and Related Dates

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

1/13/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Stipulation and Order (name extension) - Stipulation and Order Stipulation and Order to Continue Trial

2/16/2021: Stipulation and Order (name extension) - Stipulation and Order Stipulation and Order to Continue Trial

Motion to Compel (name extension) - Motion to Compel Deposition

6/17/2021: Motion to Compel (name extension) - Motion to Compel Deposition

Declaration (name extension) - Declaration in Support of Motion

6/17/2021: Declaration (name extension) - Declaration in Support of Motion

Memorandum of Points & Authorities - Memorandum of Points & Authorities

6/17/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

6/18/2021: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Notice of Change of Firm Name - Notice of Change of Firm Name

4/28/2020: Notice of Change of Firm Name - Notice of Change of Firm Name

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

3/25/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Cross-Complaint - Cross-Complaint

3/25/2020: Cross-Complaint - Cross-Complaint

General Denial - General Denial

3/25/2020: General Denial - General Denial

Summons - Summons on Cross Complaint

3/27/2020: Summons - Summons on Cross Complaint

Complaint - Complaint

1/6/2020: Complaint - Complaint

Summons - Summons on Complaint

1/6/2020: Summons - Summons on Complaint

9 More Documents Available

 

Docket Entries

  • 01/09/2023
  • Hearing01/09/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/11/2022
  • Hearing01/11/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 10/14/2021
  • DocketAssociation of Attorney; Filed by: Carl Hoopingarner (Defendant)

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  • 09/20/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 09/20/2021
  • DocketCertificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 09/20/2021; Filed by: Clerk

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  • 09/20/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 09/20/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/20/2021; Result Type to Held - Motion Granted

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  • 07/28/2021
  • DocketMinute Order (Hearing on Motion to Compel Plaintiff's Deposition)

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  • 07/28/2021
  • DocketHearing on Motion to Compel Plaintiff's Deposition scheduled for 07/28/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/28/2021; Result Type to Held - Motion Denied

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  • 07/16/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 11/08/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Party was rescheduled to 01/11/2022 08:30 AM

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  • 07/16/2021
  • DocketUpdated -- Event scheduled for 01/11/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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13 More Docket Entries
  • 03/25/2020
  • DocketCross-Complaint; Filed by: Carl Hoopingarner (Defendant); As to: Mahmoud Albashiti (Plaintiff)

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  • 03/25/2020
  • DocketGeneral Denial; Filed by: Carl Hoopingarner (Defendant)

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  • 01/06/2020
  • DocketNon-Jury Trial scheduled for 07/06/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/06/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/09/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/06/2020
  • DocketComplaint; Filed by: Mahmoud Albashiti (Plaintiff); Sara Alhussri (Plaintiff); As to: Carl Hoopingarner (Defendant)

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  • 01/06/2020
  • DocketSummons on Complaint; Issued and Filed by: Mahmoud Albashiti (Plaintiff); Sara Alhussri (Plaintiff); As to: Carl Hoopingarner (Defendant)

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  • 01/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Mahmoud Albashiti (Plaintiff); Sara Alhussri (Plaintiff); As to: Carl Hoopingarner (Defendant)

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  • 01/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/06/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

b'

Case Number: 20STLC00095 Hearing Date: September 20, 2021 Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS\r\nCOUNSEL

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MOVING PARTY: Plaintiff Sara Alhussri’s Counsel Lawrence\r\nHoodjack

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RESP. PARTY: None

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MOTION TO BE RELIEVED AS COUNSEL

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(CCP § 284(2); CRC rule 3.162)

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TENTATIVE RULING:

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Plaintiff Sara Alhussri’s Counsel Lawrence\r\nHoodjack’s Motion to be Relieved as Counsel is GRANTED and the Order\r\nwill be signed at the hearing. After the order is signed, a copy of\r\nthe signed order must be served on the client and on all parties that have appeared\r\nin the case.” (Cal. Rules of Court, rule\r\n3.1362(e).) The Order\r\non this Motion will not be effective\r\n“until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)

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SERVICE:

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[X] Proof of Service Timely Filed (CRC,\r\nrule 3.1300) OK

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[X] Correct Address (CCP §§ 1013, 1013a)\r\n OK

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[X] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) OK

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OPPOSITION: None\r\nfiled as of September 16, 2021 [ ] Late [X] None

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REPLY: None\r\nfiled as of September 16, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground

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On January 6, 2020, Plaintiffs Mahmoud Albashiti\r\n(“Albashiti”) and Sara Alhussri (“Alhussri”) (collectively, “Plaintiffs”) filed\r\nan action against Defendant Carl Hoopingarner (“Defendant”). Defendant filed an\r\nAnswer and Cross-Complaint on March 25, 2020.

\r\n\r\n

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Plaintiff\r\nAlhussri’s Counsel Lawrence Hoodjack (“Counsel”) filed the instant Motion to be\r\nRelieved as Counsel (the “Motion”) on June 18, 2021. No opposition was filed.

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II. \r\nLegal Standard

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The court may\r\norder that an attorney be changed or substituted at any time before or after\r\njudgment or final determination upon request by either client or attorney and\r\nafter notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The\r\ndetermination whether to grant or deny a motion to withdraw as counsel lies\r\nwithin the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128,\r\n1133.) An application to be relieved as counsel must be made on Judicial\r\nCounsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and\r\nMC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c),\r\n(e).)

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In\r\naddition, California Rules of Court, rule 3.1362 subsection (d) requires that\r\nthe notice of motion and motion, declaration, and proposed order be served on\r\nthe client and all other parties who have appeared in the case by personal\r\nservice, electronic service, or mail. If the notice is served by mail, it must\r\nbe accompanied by a declaration stating facts showing that either:

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(A)\r\nThe service address is the current residence or business address of the client;\r\nor

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(B) The service\r\naddress is the last known residence or business address of the client and the\r\nattorney has been unable to locate a more current address after making\r\nreasonable efforts to do so within 30 days before the filing of the motion to\r\nbe relieved.

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(Cal. Rules of Court, rule 3.1362, subd. (1)(A) &\r\n(2).)

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III. \r\nDiscussion

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Plaintiff Alhussri’s Counsel seeks\r\nto be relieved because Plaintiff has made it unreasonably difficult to carry\r\nout the representation and because she has breached their agreement as to\r\nexpenses or fees. (MC-052, ¶ 2.) Counsel served this Motion via regular mail at\r\nPlaintiff Alhussri’s last known address, which was confirmed as current by\r\ntelephone at most 30 days before it was filed. (Id. at ¶ 3.)

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The Court is satisfied with\r\nCounsel’s reasons for seeking to be relieved. and finds he has satisfied the\r\nrequirements of California Rules of Court, rule 3.1362, subdivisions (a) and\r\n(c)-(e). Importantly, trial is scheduled for January 11, 2022, giving Plaintiff\r\nAlhussri sufficient time to obtain new counsel should she wish to continue\r\nprosecuting this action. Accordingly, the unopposed Motion is GRANTED.

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IV. \r\nConclusion & Order

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For the\r\nforegoing reasons, Plaintiff Sara\r\nAlhussri’s Counsel Lawrence Hoodjack’s Motion to be Relieved as Counsel is GRANTED\r\nand the Order will be signed at the hearing. After the order is signed, a copy of\r\nthe signed order must be served on the client and on all parties that have\r\nappeared in the case.” (Cal. Rules of\r\nCourt, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed\r\norder on [Plaintiff] has been filed with the court.” (Id.)

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Plaintiff’s\r\nCounsel is ordered to give notice.

'b'

Case Number: 20STLC00095 Hearing Date: July 28, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO COMPEL DEPOSITION OF PLAINTIFF SARA ALHUSSRI AND REQUEST FOR SANCTIONS

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MOVING PARTY: Defendant\r\nCarl Hoopingarner

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RESP. PARTY: None

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MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

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(CCP § 2025.450)

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TENTATIVE RULING:

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Defendant Carl Hoopingarner’s Motion\r\nto Compel the Deposition of Plaintiff Sara Alhussri and Request for Sanctions\r\nis DENIED WITHOUT PREJUDICE.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of July 26,\r\n2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof July 26, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On January 6, 2020, Plaintiffs Mahmoud Albashiti\r\n(“Albashiti”) and Sara Alhussri (“Alhussri”) (collectively, “Plaintiffs”) filed\r\nan action against Defendant Carl Hoopingarner (“Defendant”). Defendant filed an\r\nAnswer and Cross-Complaint on March 25, 2020.

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Defendant filed the instant Motion to Compel Deposition\r\nof Plaintiff Sara Alhussri and Request for Sanctions (the “Motion”) on June 17,\r\n2021. No opposition was filed.

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II. \r\nLegal\r\nStandard & Discussion

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Code of Civil Procedure section 2025.450, section (a) provides:\r\n

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“If, after service of a deposition notice, a party to the action or an\r\nofficer, director, managing agent, or employee of a party, or a person\r\ndesignated by an organization that is a party under Section 2025.230, without\r\nhaving served a valid objection under Section 2025.410, fails to appear for\r\nexamination, or to proceed with it, or to produce for inspection any document,\r\nelectronically stored information, or tangible thing described in the\r\ndeposition notice, the party giving the notice may move for an order compelling\r\nthe deponent’s attendance and testimony, and the production for inspection of\r\nany document, electronically stored information, or tangible thing described in\r\nthe deposition notice.”

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(Code Civ. Proc., § 2025.450, subd. (a).)

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The motion must “be accompanied by a meet and confer\r\ndeclaration under Section 2016.040, or, when the deponent fails to attend the\r\ndeposition…by a declaration stating that the petitioner has contacted the\r\ndeponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450,\r\nsubd. (2).) A court shall impose monetary sanctions if the motion to compel is\r\ngranted unless the one subject to sanctions acted with substantial\r\njustification or other circumstances would make the imposition of the sanction\r\nunjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

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III. \r\nDiscussion\r\n

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Here, Defendant’s counsel served Plaintiff Alhussri’s\r\ncounsel with the following: (1) a notice of remote deposition scheduled for\r\nOctober 28, 2020 on July 21, 2020 via email; (2) an amended notice of remote\r\ndeposition scheduled for December 16, 2020 on November 5, 2020 via email; (3) a\r\nsecond amended notice of remote deposition scheduled for February 22, 2021 on February\r\n1, 2021 via email; and (4) a third amended notice of deposition scheduled for\r\nApril 14, 2021 on March 24, 2021 via email. (Mot., Houze-Benson Decl., ¶¶ 3, 4,\r\n7, 10, Exhs. A, B, D, and G.) Plaintiff Alhussri did not appear for the\r\ndeposition noticed for April 14. (Id. at ¶ 12.)

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First, the Court notes that, as discussed above, Section\r\n2025.450, subdivision (b), requires that the party moving to compel a\r\ndeposition include a declaration stating they contacted the deponent to inquire\r\nabout the non-appearance. Defendant’s counsel’s declaration does not include a\r\nstatement indicating she did so.

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More importantly, Defendant’s counsel’s declaration\r\nstates that on December 14, 2020, Plaintiff Alhussri contacted her office directly\r\nand stated her attorney “dropped her.” (Mot., Houze-Benson Decl., ¶ 5.)\r\nDefendant’s counsel’s office informed Plaintiff Alhussri they could not\r\ncommunicate with her directly because no notice of the change in legal\r\nrepresentation had been received. (Id.) Defendant’s counsel’s office\r\nemailed Plaintiffs’ counsel regarding the representation on January 14, 2021,\r\nbut counsel did not respond. (Id. at ¶ 6.) Plaintiff Alhussri sent an email\r\nto Defendant’s counsel’s office on April 13, 2021 asking to speak about the\r\nstatus of the case. (Id.) Defendant’s counsel points out that as of the\r\ndate this Motion was filed, Plaintiff’s counsel was still Plaintiff Alhussri’s attorney\r\nof record. (Id. at ¶¶ 14-15.) One day after this Motion was filed,\r\nPlaintiff Alhussri’s counsel filed a motion to be relieved.

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Based on the above, and because only Plaintiff Alhussri’s\r\ncounsel was served with the notices, it appears Plaintiff Alhussri’s failure to\r\nattend her deposition was due to a breakdown in the relationship with her\r\nattorney.

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In any case, Defendant did not meet the requirements of\r\nSection 2025.450, subdivision (b). For this reason, the Motion is DENIED\r\nWITHOUT PREJUDICE.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendant\r\nCarl Hoopingarner’s Motion to Compel the Deposition of Plaintiff Sara Alhussri\r\nand Request for Sanctions is DENIED WITHOUT PREJUDICE.

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Moving party is ordered to give\r\nnotice.

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