This case was last updated from Los Angeles County Superior Courts on 03/05/2020 at 08:36:10 (UTC).

IDRIP VAPE LLC, ET. AL. TARIK DUGUM, ET AL.

Case Summary

On 07/12/2017 IDRIP VAPE LLC, TARIK DUGUM was filed as a Contract - Business lawsuit. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judges overseeing this case are MELVIN D. SANDVIG and STEPHEN P. PFAHLER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7860

  • Filing Date:

    07/12/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MELVIN D. SANDVIG

STEPHEN P. PFAHLER

 

Party Details

Plaintiffs

RIHANI EYAD

IDRIP VAPE LLC

Defendants

DRIPNVAPE INC.

DUGUM TARIK

TONY'S DRIPNVAPE INC.

HAWATMEH TARIK S.

GRIGORIAN OSHIN

MARJIYA LAW OFFICE

Not Classified By Court and Defendant

MARJIYA LAW OFFICE

Attorney/Law Firm Details

Plaintiff Attorney

MEAGLIA RICHARD

Defendant Attorneys

MARJIYA LAW OFFICE

MARJIYA BASSAM

 

Court Documents

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL; ORDER THEREON

1/2/2020: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL; ORDER THEREON

Declaration - DECLARATION 24 HOURS NOTICE OF EX PARTE APPLICATION TO CONTINUE TRIAL

2/28/2020: Declaration - DECLARATION 24 HOURS NOTICE OF EX PARTE APPLICATION TO CONTINUE TRIAL

Declaration in Support of Ex Parte Application

2/28/2020: Declaration in Support of Ex Parte Application

Opposition - PLAINTIFF'S OPPOSITION TO DEFENDANT'S EX PARTE REQUEST TO CONTINUE TRIAL; DECLARATION OF RICHARD MEAGLIA

2/28/2020: Opposition - PLAINTIFF'S OPPOSITION TO DEFENDANT'S EX PARTE REQUEST TO CONTINUE TRIAL; DECLARATION OF RICHARD MEAGLIA

Ex Parte Application - EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL

2/28/2020: Ex Parte Application - EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL)

3/2/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL)

3/2/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL)

Notice - NOTICE NOTICE OF CONTINUANCE

6/27/2019: Notice - NOTICE NOTICE OF CONTINUANCE

Stipulation and Order - STIPULATION TO CONTINUE TRIAL; ORDER THEREON

10/3/2019: Stipulation and Order - STIPULATION TO CONTINUE TRIAL; ORDER THEREON

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

6/26/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Stipulation and Order - STIPULATION TO CONTINUE TRIAL; ORDER THEREON

6/26/2019: Stipulation and Order - STIPULATION TO CONTINUE TRIAL; ORDER THEREON

Minute Order - Minute Order (Mandatory Settlement Conference (MSC))

2/13/2019: Minute Order - Minute Order (Mandatory Settlement Conference (MSC))

Notice of Case Assignment - Unlimited Civil Case

7/12/2017: Notice of Case Assignment - Unlimited Civil Case

Summons

7/12/2017: Summons

Legacy Document - LEGACY DOCUMENT TYPE: Complaint filed-Summons Issued

7/12/2017: Legacy Document - LEGACY DOCUMENT TYPE: Complaint filed-Summons Issued

Civil Case Cover Sheet

7/12/2017: Civil Case Cover Sheet

Notice - Notice of Case Management Conference

7/12/2017: Notice - Notice of Case Management Conference

Summons

11/8/2017: Summons

31 More Documents Available

 

Docket Entries

  • 03/16/2020
  • Hearing03/16/2020 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Non-Jury Trial

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  • 03/06/2020
  • Hearing03/06/2020 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Final Status Conference

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  • 03/02/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Ex Parte Application (For Continuance of Trial) - Held - Continued

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  • 03/02/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Ex Parte Application (For Continuance of Trial) - Not Held - Taken Off Calendar by Court

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  • 03/02/2020
  • DocketMinute Order ( (HEARING ON EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL)); Filed by Clerk

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  • 03/02/2020
  • DocketMinute Order ( (Hearing on Ex Parte Application For Continuance of Trial)); Filed by Clerk

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  • 02/28/2020
  • DocketDeclaration (24 Hours Notice Of Ex Parte Application to Continue Trial); Filed by DRIPNVAPE, INC. (Defendant)

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  • 02/28/2020
  • DocketDeclaration in Support of Ex Parte Application; Filed by DRIPNVAPE, INC. (Defendant)

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  • 02/28/2020
  • DocketPLAINTIFF'S OPPOSITION TO DEFENDANT'S EX PARTE REQUEST TO CONTINUE TRIAL; DECLARATION OF RICHARD MEAGLIA; Filed by IDRIP VAPE LLC (Plaintiff); EYAD RIHANI (Plaintiff)

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  • 02/28/2020
  • DocketEx Parte Application (For Continuance of Trial); Filed by DRIPNVAPE, INC. (Defendant)

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45 More Docket Entries
  • 12/08/2017
  • DocketMinute order entered: 2017-12-08 00:00:00; Filed by Clerk

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  • 12/07/2017
  • DocketAnswer; Filed by TARIK DUGUM (Defendant); DRIPNVAPE, INC. (Defendant); MARJIYA LAW OFFICE (Legacy Party)

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  • 12/04/2017
  • DocketCase Management Statement; Filed by IDRIP VAPE LLC (Plaintiff); EYAD RIHANI (Plaintiff)

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  • 11/08/2017
  • DocketFirst Amended Complaint; Filed by IDRIP VAPE LLC (Plaintiff); EYAD RIHANI (Plaintiff)

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  • 11/08/2017
  • DocketSummons; Filed by IDRIP VAPE LLC (Plaintiff); EYAD RIHANI (Plaintiff)

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  • 07/12/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 07/12/2017
  • DocketNotice (of Case Management Conference); Filed by Clerk

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  • 07/12/2017
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 07/12/2017
  • DocketCivil Case Cover Sheet; Filed by IDRIP VAPE LLC (Plaintiff); EYAD RIHANI (Plaintiff)

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  • 07/12/2017
  • DocketSummons; Filed by null

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Tentative Rulings

Case Number: PC057860    Hearing Date: December 03, 2020    Dept: F47

Dept. F-47

Date: 12/3/20 TRIAL DATE: 2/8/21

Case #PC057860 (consolidated with PC058440)

MOTION TO SUBMIT LATE EXPERT WITNESS INFORMATION

MOVING PARTY: Defendants Tarik Dugum, Dripnvape, Inc. and Oshin Grigorian

RESPONDING PARTY: Plaintiffs IDrip Vape LLC and Eyad Rihani

NOTICE: ok

RELIEF REQUESTED: An order granting Defendants leave to submit Zaher Abdulrazak as an expert witness after the designated exchange date.

RULING: The motion is denied.

This action arises out of a dispute between former business partners. In 2015, Plaintiff Eyad Rihani and Defendant Tarik Dugum formed IDrip Vape LLC to own and operate a retail store selling electronic cigarettes and related products in Santa Clarita. In June 2017, Defendant Dripnvape, Inc., through Dugum, began operating its own retail store in Santa Clarita for the sale of electronic cigarettes and related products.

The operative First Amended Complaint contains causes of action for: (1) Conversion, (2) Accounting, (3) Breach of Fiduciary and Other Duties, (4) Establish Constructive Trust, (5) Establish Resulting Trust, (6) Fraud, (7) Negligent Misrepresentation, (8) Declaratory Relief, (9) Assault and Battery and (10) Misappropriation of Trade Secrets. Dugum filed a separate action against Plaintiffs which has been consolidated with this action.

On 4/1/20, Defendants served Plaintiffs with a Demand for Exchange of Experts with 4/22/20 as the exchange date. (Marjiya Decl. p.2:6-8, Ex.A). Pursuant to a telephone conversation between counsel, the exchange date was changed to 5/5/20. (Id. p.2:9-14, Ex.B). On 5/5/20, Plaintiffs provided Defendants with their Disclosure of Expert Witnesses. (Id. p.2:15-16). Defendants did not provide any Disclosure of Expert Witnesses. (Id. p.2:16-17). On 5/15/20, Defendants’ counsel sent a meet and confer letter to Plaintiffs’ counsel regarding the Expert Exchange which indicated that Defendants had 20 days to provide a Supplemental Expert Witness Disclosure. (Id. p.2:23-28, Ex.C). On 5/26/20, Defendants served their Supplemental Expert Witness Disclosure which designated Zaher Abdulrazak as their expert. (Id. p.3:1-4, Ex.D). On 6/1/20, Plaintiffs requested that Defendants withdraw their expert because the expert was not named in the original exchange. (Id. p.3:5-9, Ex.E).

By way of the instant motion, Defendants request permission to submit late expert witness information pursuant to CCP 2034.710 and CCP 2034.720, essentially conceding that that their designation was not a proper supplemental expert witness designation under CCP 2034.280. Plaintiffs oppose the request.

CCP 2034.720 provides:

The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied:

(a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses.

(b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits.

(c) The court has determined that the moving party did all of the following:

(1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect.

(2) Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect.

(3) Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action.

(d) The order is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.

Defendants have not shown that their failure to timely submit the expert information was the result of mistake, inadvertence, surprise, or excusable neglect. CCP 2034.720(c)(1). Defendant’s attorney, Bassam Marjiya, states that Defendants did not present any experts on the date set for the exchange because “[a]t the time, [he] was not able to contact Defendants’ expert as of the day of the exchange. [He] mistakenly did not ask to move the agreed upon date for the exchange and immediately notified Plaintiffs’ counsel about [his] mistake.” (See Marjiya Decl. p.2:15-22). Attorney Marjiya fails to explain what efforts were made to contact the expert and exactly when based on Defendants’ own Demand for Exchange of Expert Witness Information served on 4/1/20. (Marjiya Decl., Ex.A). Additionally, it is not clear whether the claimed mistake was the failure to contact Defendants’ expert before the exchange or the failure to request an extension of the exchange date. Further, contrary to attorney Marjiya’s assertion, he did not immediately notify Plaintiffs’ counsel about the mistake. Rather, a meet and confer letter was sent 10 days later on 5/15/20. (See Marjiya Decl. p.2:20-28). Finally, the fact that Defendants’ counsel’s 5/15/20 letter indicated that Defendants would be designating an expert pursuant to CCP 2034.280(a) indicates that the failure to designate an expert on 5/5/20 was not the result of mistake, but rather the belief that Defendants could designate an expert in a “supplemental list.” (See Marjiya Decl., Ex.C). However, since Defendants did not engage in the initial exchange, they are not entitled to “supplement” their non-existent expert witness list. See CCP 2034.280(a).

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