This case was last updated from Los Angeles County Superior Courts on 05/12/2020 at 01:17:33 (UTC).

NATIONAL GEOSUPPORT, INC. VS GROUNDTECH, INC., ET AL

Case Summary

On 04/25/2018 NATIONAL GEOSUPPORT, INC filed a Contract - Debt Collection lawsuit against GROUNDTECH, INC . This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are RAMONA G. SEE and DEIRDRE HILL. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2841

  • Filing Date:

    04/25/2018

  • Case Status:

    Other

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RAMONA G. SEE

DEIRDRE HILL

 

Party Details

Plaintiffs and Cross Defendants

NATIONAL GEOSUPPORT INC.

SAAR LEZLEY

AGUSTSSON AGUST

ROES 1-25 INCLUSIVE

Defendants and Not Classified By Court

KOHANIM MINOO

POTIKER GWEN E.

FARDI MAHBOUBI

ALDEN JENNIFER

POTIKER BRIAN R.

DEVLIN LAND GROUP LLC

DOES 1 THROUGH 25 INCLUSIVE

KOHANIM BEHROUZ

GROUNDTECH INC.

DOES 1 THROUGH 25

AGUSTSSON TAKAKO

GROUNDTECH INC. A CORPORATION

KOHANIM MINOO MAHBOUBI FARDI

Defendant and Cross Plaintiff

GROUNDTECH INC. A CORPORATION

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

SETH M. GOLDBERG ESQ.

LAW OFFICES OF SETH M. GOLDBERG

PICOZZI EDWARD M.

PICOZZI EDWARD MICHAEL

32631 Us Hwy 79

Warner Springs, CA 92086

ZREIK SAMMY

MANN KIM TABIN

Defendant and Cross Plaintiff Attorney

KOOSHKI KAMIAR

Attorney at Whitbeck Kooshki & Zreik LLP

21515 Hawthorne Blvd Ste 1130

Torrance, CA 90503

 

Court Documents

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: STIPULATION TO CONSOLIDATE)

5/6/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: STIPULATION TO CONSOLIDATE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 04/24/2020

4/24/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 04/24/2020

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; STATUS CONFERENCE OF THE PLEADINGS)

1/27/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; STATUS CONFERENCE OF THE PLEADINGS)

Minute Order - MINUTE ORDER (STATUS CONFERENCE OF THE PLEADINGS; POST-MEDIATION STATUS CON...)

3/17/2020: Minute Order - MINUTE ORDER (STATUS CONFERENCE OF THE PLEADINGS; POST-MEDIATION STATUS CON...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO QUASH NOTICE...) OF 11/20/2019

11/20/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO QUASH NOTICE...) OF 11/20/2019

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO QUASH NOTICE...)

10/28/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO QUASH NOTICE...)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO QUASH NOTICE...)

4/18/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO QUASH NOTICE...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (COURT ORDER) OF 03/22/2019

3/22/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (COURT ORDER) OF 03/22/2019

Declaration - Declaration of Tommas Agustsson in support of Deft's Grouptech opposition to Plaintiffs ex parte application for an order compelling its deposition & for allowing plaintiff to inspect it

11/30/2018: Declaration - Declaration of Tommas Agustsson in support of Deft's Grouptech opposition to Plaintiffs ex parte application for an order compelling its deposition & for allowing plaintiff to inspect it

Declaration - Declaration of Sammy Zreik in support of Grouptech's Inc., Opposition to Plaintiff's ex parte application to compel deposition

11/30/2018: Declaration - Declaration of Sammy Zreik in support of Grouptech's Inc., Opposition to Plaintiff's ex parte application to compel deposition

Summons - PROOF OF SERVICE

8/1/2018: Summons - PROOF OF SERVICE

Declaration - Declaration Of Tommas Agustsson In Support Of Grountech's Notice Of Motion And Motion To Quash Notice Of Depositions

11/16/2018: Declaration - Declaration Of Tommas Agustsson In Support Of Grountech's Notice Of Motion And Motion To Quash Notice Of Depositions

Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Ex Parte Application for an order) of 12/03/2018

12/3/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Ex Parte Application for an order) of 12/03/2018

Case Management Statement

12/10/2018: Case Management Statement

Legacy Document - LEGACY DOCUMENT TYPE: OSC-RE Other (Miscellaneous)

5/3/2018: Legacy Document - LEGACY DOCUMENT TYPE: OSC-RE Other (Miscellaneous)

Minute Order - Minute order entered: 2018-10-09 00:00:00

10/9/2018: Minute Order - Minute order entered: 2018-10-09 00:00:00

Request for Dismissal -

9/13/2018: Request for Dismissal -

Notice of Related Case -

7/10/2018: Notice of Related Case -

51 More Documents Available

 

Docket Entries

  • 05/06/2020
  • Docketat 09:24 AM in Department ; Court Order - Held

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  • 05/06/2020
  • DocketMinute Order ( (Non-Appearance Case Review re: stipulation to consolidate)); Filed by Clerk

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  • 04/24/2020
  • Docketat 10:02 AM in Department B; Non-Appearance Case Review

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  • 04/24/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review) of 04/24/2020); Filed by Clerk

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  • 04/24/2020
  • DocketMinute Order ( (Non-Appearance Case Review)); Filed by Clerk

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  • 04/23/2020
  • Docketat 1:36 PM in Department B; Court Order

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  • 04/23/2020
  • DocketMinute Order ( (Court Order continuing Final Status Conference and Post-Media...)); Filed by Clerk

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  • 04/23/2020
  • DocketCertificate of Mailing for ((Court Order continuing Final Status Conference and Post-Media...) of 04/23/2020); Filed by Clerk

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  • 04/15/2020
  • DocketAnswer; Filed by Agust Agustsson (Cross-Defendant); Lezley Saar (Cross-Defendant)

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  • 03/17/2020
  • Docketat 08:30 AM in Department B; Post-Mediation Status Conference - Not Held - Continued - Court's Motion

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88 More Docket Entries
  • 06/12/2018
  • DocketProof of Service (not Summons and Complaint); Filed by National Geosupport, Inc. (Plaintiff)

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  • 06/12/2018
  • DocketProof of Service (not Summons and Complaint); Filed by National Geosupport, Inc. (Plaintiff)

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  • 06/07/2018
  • DocketObjection Document Filed

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  • 06/04/2018
  • DocketProof of Service (not Summons and Complaint); Filed by National Geosupport, Inc. (Plaintiff)

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  • 06/04/2018
  • DocketNotice of Related Case; Filed by Defendant

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  • 05/03/2018
  • DocketOSC-RE Other (Miscellaneous); Filed by Clerk

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  • 04/25/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/25/2018
  • DocketSummons; Filed by National Geosupport, Inc. (Plaintiff)

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  • 04/25/2018
  • DocketComplaint; Filed by National Geosupport, Inc. (Plaintiff)

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  • 04/25/2018
  • DocketCivil Case Cover Sheet; Filed by National Geosupport, Inc. (Plaintiff)

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Tentative Rulings

Case Number: YC072841    Hearing Date: November 20, 2019    Dept: SWB

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

NATIONAL GEOSUPPORT INC.,

Plaintiff,

Case No.:

YC072841

vs.

[Tentative] RULING

GROUNDTECH, INC., et al.,

Defendants.

Hearing Date: November 19, 2019 (cont from October 28, 2019, July 12, 2019, April 18, 2019)

Moving Parties: Defendant Groundtech Inc.

Responding Party: None

Motion to Quash Notices of Depositions/Motion for Protective Order

The court considered the moving papers. No opposition or reply documents were filed.

RULING

Defendant Groundtech Inc.’s motion to quash is DENIED.

Defendant’s motion for a protective order is GRANTED IN PART. The depositions are limited to questions and production of documents relating to the subject rental equipment, use of the subject rental equipment, and the locations of the jobs where the equipment was used or is currently in use.

Defendant’s request for sanctions is DENIED.

BACKGROUND

On April 25, 2018, plaintiff National Geosupport, Inc. filed a complaint against defendants Groundtech, Inc., Devlin Land Group, LLC, Brian R. & Gwen E. Potiker, Jennifer Alden, and Behrouz & Minoo Kohanim aka Mahboubi Fardi for breach of contract, common counts, account stated, and foreclosure of mechanic’s lien.

On August 9, 2018, plaintiff filed a First Amended Complaint against defendants and defendant Takako Agustsson for breach of contract, common counts, account stated, foreclosure of mechanic’s lien, breach of fiduciary duty, interference with prospective economic advantage, and negligence.

On September 10, 2018, plaintiff filed a request for dismissal as to defendants Devlin Land Group, LLC, Brian R. & Gwen E. Potiker, Jennifer Alden, and Behrouz & Minoo Kohanim aka Mahboubi Fardi from this action.

On September 13, 2018, plaintiff filed a request for dismissal, dismissing the foreclosure of mechanic’s lien cause of action.

On October 22, 2018, plaintiff filed a Second Amended Complaint against Groundtech and Agustsson, asserting causes of action for common count – open book account, common count – account stated, common count – money had and received, common count – goods rented and delivered, breach of fiduciary duty, and interference with prospective economic advantage. Plaintiff alleges that defendant owes money to plaintiff with respect to the rental of construction equipment and machinery, for the total sum of $1,704,615. SAC, ¶¶7, 10, 13, 20. Agustsson, a shareholder, director, and officer of plaintiff and defendant, breached her fiduciary duties to plaintiff when she purposefully defeated plaintiff’s mechanic lien rights against third party property owners whose land was improved as a direct result of the construction equipment and machinery rented by defendant from plaintiff. Id., ¶21. Agustsson interfered with plaintiff’s enforcement effort to foreclose upon four valid mechanic liens, totaling $331,024. Id., ¶26.

On November 16, 2018, defendant filed the instant motion.

On March 22, 2019, the court related this case with YC072332.

LEGAL AUTHORITY

CCP §2025.410(c) provides, “In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. The taking of the deposition is stayed pending the determination of this motion.”

CCP §2025.420(a) states, “Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.”

CCP §2025.420(b) states, in pertinent part, “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. . . . (5) That the deposition be taken only on certain specified terms and conditions. . . .”

DISCUSSION

Groundtech moves for an order quashing the Notices of Depositions to Groundtech’s employees – Joe Ascencio, Jim Mears, and Tomas Agustsson. In the alterative, Groundtech moves for a protective order. Groundtech also requests an award of sanctions in the amount of $2,460.

Groundtech did not establish it is entitled to an order quashing the Notices of Depositions. Groundtech does not appear to argue plaintiff lacks the right to take the depositions. Instead, Groundtech wants to limit the scope of the depositions. Groundtech seeks an order preventing plaintiff from seeking “information regarding construction projects and the equipment used by Groundtech, that belong to Groundtech and not National Geosupport,” in order to prevent plaintiff from filing any more “malicious mechanics liens.” Motion, at 6. Declaration of Agustsson ¶¶4-9; Exhibits 1-6.

The court finds that good cause exists to limit the scope of the depositions. Groundtech submitted evidence suggesting plaintiff has improperly recorded six mechanics’ liens on four of defendant’s existing projects. Agustsson decl. Groundtech also submitted evidence suggesting it does not rent any equipment from plaintiff and all of the equipment in Agustsson’s possession either belongs to Agustsson or Groundtech. Agustsson decl., ¶8. Groundtech submitted evidence suggesting plaintiff held an auction, on or about September 1, 2017, auctioning off substantially all of its assets. Agustsson decl., ¶7.

Groundtech’s request for a protective order stating “any information obtained by Plaintiff would not be used against third parties and no mechanics liens to be filed” is too broad. Meet and confer efforts suggest plaintiff seeks information regarding the subject rental equipment, its current use, and the locations of the jobs where the equipment was used or is currently in use. Sam Zreik ¶2; Exh. 2. Plaintiff is entitled to conduct discovery on such issues, which directly relate to its “claim for recovery of the equipment rental value” and its ability to “secure payment by exercising its mechanic lien remedies.” Id. Plaintiff’s right to conduct discovery, however, does not include Groundtech’s current or future projects on which the rental equipment is not being used.

Based on the foregoing, Groundtech’s motion to quash is DENIED. Groundtech’s motion for a protective order is GRANTED IN PART. The depositions are limited to questions and production of documents relating to the subject rental equipment, use of the subject rental equipment, and the locations of the jobs where the equipment was used or is currently in use. Groundtech’s request for sanctions is DENIED. The request does not comply with CCP §2023.040. Groundtech did not, in the notice of motion, “identify every person, party, and attorney against whom the sanction is sought, . . .”

Defendant is ordered to give notice of the ruling.