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This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 00:09:32 (UTC).

PATRICIA NAKAHARA VS COLDWELL BANKER RESIDENTIAL BROKERAGE

Case Summary

On 09/13/2017 PATRICIA NAKAHARA filed a Contract - Other Contract lawsuit against COLDWELL BANKER RESIDENTIAL BROKERAGE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CRAIG D. KARLAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8079

  • Filing Date:

    09/13/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CRAIG D. KARLAN

 

Party Details

Plaintiff

NAKAHARA PATRICIA

Defendants

RANDALL AREEAL

COLDWELL BANKER RESIDENTIALBROKER COMPANY

Attorney/Law Firm Details

Plaintiff Attorneys

COHEN BRUCE M.

COHEN BRUCE MASON

Defendant Attorneys

MACCARLEY & ROSEN

MACCARLEY MARK JOHN

 

Court Documents

Complaint

9/13/2017: Complaint

Civil Case Cover Sheet

9/13/2017: Civil Case Cover Sheet

Unknown

10/25/2017: Unknown

Answer

11/2/2017: Answer

Case Management Statement

1/3/2018: Case Management Statement

Other -

1/10/2018: Other -

Unknown

9/24/2018: Unknown

Minute Order

11/2/2018: Minute Order

Ex Parte Application

11/2/2018: Ex Parte Application

Notice

11/5/2018: Notice

Minute Order

1/22/2019: Minute Order

Opposition

1/23/2019: Opposition

Reply

1/29/2019: Reply

Stipulation and Order

3/1/2019: Stipulation and Order

Declaration

4/29/2019: Declaration

Declaration

4/30/2019: Declaration

Memorandum of Points & Authorities

4/30/2019: Memorandum of Points & Authorities

Unknown

5/23/2019: Unknown

29 More Documents Available

 

Docket Entries

  • 05/28/2019
  • at 08:30 AM in Department N, Craig D. Karlan, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 05/24/2019
  • at 08:30 AM in Department N, Craig D. Karlan, Presiding; Hearing on Ex Parte Application (for leave to File First Amended Complaint) - Held - Motion Granted

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  • 05/24/2019
  • Notice of Ruling; Filed by PATRICIA NAKAHARA (Plaintiff)

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  • 05/24/2019
  • Minute Order ( (Hearing on Ex Parte Application for leave to File First Amend...)); Filed by Clerk

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  • 05/23/2019
  • Opposition (to Plaintiff's Ex Parte Application to Amend Complaint and Continue Trial); Filed by COLDWELL BANKER RESIDENTIALBROKER COMPANY (Defendant)

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  • 05/23/2019
  • Declaration in Support of Ex Parte Application; Filed by PATRICIA NAKAHARA (Plaintiff)

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  • 05/23/2019
  • Notice Of Ex Parte Application And Ex Parte Application For Leave To File First Amended Complaint And To Continue Trial And All Corresponding Pre-Trial Dates; Memorandum Of Points And Authorities In Support Of Motion; Appendix Of Changes;; Filed by PATRICIA NAKAHARA (Plaintiff)

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  • 04/30/2019
  • Declaration (Declaration of Mark MacCarley in Support of Defendant Coldwell Banker Residential Brokerage Company's Motion for Protective Order re: Deposition of Person Most Qualified); Filed by COLDWELL BANKER RESIDENTIALBROKER COMPANY (Defendant)

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  • 04/30/2019
  • Motion for Protective Order; Filed by COLDWELL BANKER RESIDENTIALBROKER COMPANY (Defendant)

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  • 04/30/2019
  • Memorandum of Points & Authorities; Filed by COLDWELL BANKER RESIDENTIALBROKER COMPANY (Defendant)

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49 More Docket Entries
  • 11/02/2017
  • Answer to Complaint Filed; Filed by Attorney for Defendant

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  • 10/25/2017
  • Notice (NOTICE OF APPEARANCE OF DEFT AREEAL RANDALL ); Filed by Attorney for Defendant

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  • 10/25/2017
  • Notice; Filed by COLDWELL BANKER RESIDENTIALBROKER COMPANY (Defendant); AREEAL RANDALL (Defendant)

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  • 10/25/2017
  • Notice; Filed by COLDWELL BANKER RESIDENTIALBROKER COMPANY (Defendant); AREEAL RANDALL (Defendant)

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  • 10/25/2017
  • Notice (NOTICE OF APPEARANCE OF DEFT COLDWELL BANKER RESIDENTIAL BROKERAGE COMPANY ); Filed by Attorney for Defendant

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  • 09/13/2017
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 09/13/2017
  • Complaint Filed

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  • 09/13/2017
  • Summons; Filed by Plaintiff

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  • 09/13/2017
  • Complaint; Filed by PATRICIA NAKAHARA (Plaintiff)

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  • 09/13/2017
  • Civil Case Cover Sheet; Filed by PATRICIA NAKAHARA (Plaintiff)

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Tentative Rulings

Case Number: SC128079    Hearing Date: July 23, 2020    Dept: N

TENTATIVE RULING

Defendants Coldwell Banker Residential Brokerage Company and Areeal Randall’s Motion for Protective Order Re: Deposition of the Person Most Qualified of Coldwell Banker Residential Brokerage Company (Role of Counsel) (CCP 2025.410) is DENIED.

Defendants Coldwell Banker Residential Brokerage Company and Areeal Randall to give notice. 

REASONING

“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.” (Code Civ. Proc., § 2025.420, subd. (a).) “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.” (Code Civ. Proc., § 2025.420, subd. (b).) The protective order may provide that a deposition not be taken at all, be taken at a different time or place, or other certain limitations. (See Code Civ. Proc., § 2025.420, subd. (b).)

Defendants Coldwell Banker Residential Brokerage Company and Areeal Randall (“Defendants”) move for a protective order regarding the Notice of Deposition of the Person Most Qualified (“PMQ”) of Coldwell Banker Residential Brokerage Company and Request for Documents. Specifically, Plaintiff Patricia Nakahara (“Plaintiff”) sought a deposition on the “role of counsel,” which relates to Defendants’ assertions that various aspects of the underlying real estate transaction and deal documents were allegedly handled by Plaintiff’s own counsel rather than by Defendants.

On March 18, 2020, the parties filed a Joint Statement for Informal Discovery Conference which limited the scope of deposition topics and document categories in response to Defendants’ attorney-client privilege and work product objections addressed at the March 4, 2020, hearing on the motion. The Court has reviewed the Amended Notice of Deposition, attached as Exhibit 1 to the Joint Statement for Informal Discovery Conference, and finds it sufficiently limits the topics of examination such that there are no readily apparent concerns as to violations of attorney-client privilege and the work product doctrine.

While Defendants argue no PMQ exists to respond to the topics identified in the deposition notice, the Court is not so convinced, as a corporate representative from Coldwell Banker Residential Brokerage Company may testify about Defendants’ allegations that Plaintiff’s counsel was involved in the underlying transaction and any evidentiary concerns may be addressed by use of objections in the typical manner. Given Defendants’ defense in this action depends, in part, on their contention Plaintiff’s counsel was involved in the underlying real estate transaction, Plaintiff is entitled to depose Defendants to determine the specific nature of this defense. While this information may be determined through use of interrogatories, this is not a basis to prevent a deposition from going forward.

For these reasons, Defendants Coldwell Banker Residential Brokerage Company and Areeal Randall’s Motion for Protective Order Re: Deposition of the Person Most Qualified of Coldwell Banker Residential Brokerage Company (Role of Counsel) (CCP 2025.410) is DENIED.

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