This case was last updated from Los Angeles County Superior Courts on 07/30/2020 at 02:51:23 (UTC).

ZACHARY J. MCDONALD VS. MIKE MCMILLAN, ET AL

Case Summary

On 05/09/2017 ZACHARY J MCDONALD filed a Labor - Other Labor lawsuit against MIKE MCMILLAN. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judges overseeing this case are DONNA FIELDS GOLDSTEIN, BENNY C. OSORIO and WILLIAM D. STEWART. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6729

  • Filing Date:

    05/09/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

DONNA FIELDS GOLDSTEIN

BENNY C. OSORIO

WILLIAM D. STEWART

 

Party Details

Plaintiffs, Cross Defendants and Not Classified By Court

MCDONALD ZACHARY J.

VARGAS HUGO

MCDONALD EVELYN

MCDONALD DANIEL

LIVIN' RIGHT FLOORS INC. A CALIFORNIA

Defendants, Cross Plaintiffs and Not Classified By Court

MCMILLAN MIKE

M&M CUSTOM FLOORING

M&M CUSTOM FLOORS INC.

MCMILLAN MICHAEL RUSSELL

M&M CUSTOM FLOORS INC

MCDONALD ZACHARY J.

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

JONATHAN NGUYEN

NGUYEN JONATHAN T

NGUYEN JONATHAN T.

Defendant and Cross Plaintiff Attorneys

MICHAEL C. MURPHY ESQ.

MURPHY MICHAEL C.

MURPHY MICHAEL C. LAW OFFICES OF

 

Court Documents

Objection - OBJECTION TO PLAINTIFFS' PROPOSED JURY INSTRUCTIONS AND SPECIAL VERDICT FORMS (AMENDED)

11/15/2019: Objection - OBJECTION TO PLAINTIFFS' PROPOSED JURY INSTRUCTIONS AND SPECIAL VERDICT FORMS (AMENDED)

Jury Instructions

11/4/2019: Jury Instructions

Reply - REPLY RE MOTION IN LIMINE NO. 15

10/28/2019: Reply - REPLY RE MOTION IN LIMINE NO. 15

Opposition - OPPOSITION TO MCMILLAN'S MOTION IN LIMINE #3

10/29/2019: Opposition - OPPOSITION TO MCMILLAN'S MOTION IN LIMINE #3

Declaration - DECLARATION OF JONATHAN T. NGUYEN AND EXHIBITS A TO K

10/10/2019: Declaration - DECLARATION OF JONATHAN T. NGUYEN AND EXHIBITS A TO K

Opposition - OPPOSITION TO PLAINTIFFS/CROSS-DEFENDANTS' MOTION IN LIMINE NO. 1

10/21/2019: Opposition - OPPOSITION TO PLAINTIFFS/CROSS-DEFENDANTS' MOTION IN LIMINE NO. 1

Ex Parte Application - EX PARTE APPLICATION RE SPECIALLY SET DEPOSITIONS AND CONTINUE THE TRIAL DATE

7/8/2019: Ex Parte Application - EX PARTE APPLICATION RE SPECIALLY SET DEPOSITIONS AND CONTINUE THE TRIAL DATE

 

Docket Entries

  • 11/02/2020
  • Hearing11/02/2020 at 09:30 AM in Department B at 300 East Olive, Burbank, CA 91502; Jury Trial

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  • 10/22/2020
  • Hearing10/22/2020 at 08:30 AM in Department B at 300 East Olive, Burbank, CA 91502; Final Status Conference

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  • 03/23/2020
  • Docketat 09:30 AM in Department B; Jury Trial - Not Held - Continued - Party's Motion

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  • 03/12/2020
  • Docketat 08:30 AM in Department B; Final Status Conference ((Court to Rule on Motions in Limine)) - Not Held - Continued - Party's Motion

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  • 02/27/2020
  • Docketat 08:30 AM in Department B; Hearing on Ex Parte Application (Plaintiff's Ex Parte Application for an Order Continuing the Trial Date) - Held - Motion Granted

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  • 02/27/2020
  • DocketMinute Order ( (Hearing on Ex Parte Application Plaintiff's Ex Parte Applicat...)); Filed by Clerk

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  • 02/27/2020
  • DocketOrder (re Ex Parte Application); Filed by Zachary J. McDonald (Plaintiff); HUGO VARGAS (Plaintiff)

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  • 02/25/2020
  • DocketDeclaration (of Jonathan T. Nguyen); Filed by Zachary J. McDonald (Plaintiff); HUGO VARGAS (Plaintiff)

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  • 02/25/2020
  • DocketEx Parte Application (for an Order continuing the trial date); Filed by Zachary J. McDonald (Plaintiff); HUGO VARGAS (Plaintiff)

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  • 12/26/2019
  • DocketMotion in Limine (No. 19 to Exclude Emails between Daniel McDonald and Mike McMillan); Filed by M&M Custom Floors Inc. (Defendant)

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470 More Docket Entries
  • 06/02/2017
  • DocketMinute order entered: 2017-06-02 00:00:00; Filed by Clerk

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  • 05/31/2017
  • DocketProof of Service of Summons and Complaint; Filed by Zachary J. McDonald (Plaintiff)

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  • 05/31/2017
  • DocketProof of Service of Summons and Complaint; Filed by Zachary J. McDonald (Plaintiff)

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  • 05/31/2017
  • DocketProof of Service of Summons and Complaint; Filed by Zachary J. McDonald (Plaintiff)

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  • 05/19/2017
  • DocketNotice; Filed by Zachary J. McDonald (Plaintiff)

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  • 05/10/2017
  • DocketSummons Issued; Filed by Zachary J. McDonald (Plaintiff)

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  • 05/09/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Court

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  • 05/09/2017
  • DocketNotice of Case Management Conference; Filed by Court

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  • 05/09/2017
  • DocketComplaint; Filed by Zachary J. McDonald (Plaintiff); HUGO VARGAS (Plaintiff)

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  • 05/09/2017
  • DocketCivil Case Cover Sheet

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Tentative Rulings

Case Number: EC066729    Hearing Date: November 08, 2019    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

zachary j. mcdonald,

Plaintiff,

v.

MIKE MCMILLAN, et al.,

Defendants.

M&M Custom floors, inc.,

Cross-complainant,

v.

ZACHARY J. MCDONALD, et al.,

Cross-defendants.

Case No.: EC066729

Consolidated with Case No. EC066733

Hearing Date: November 8, 2019

[TENTATIVE] order RE:

(1) MOtion for a court order compelling compliance with the civil subpoena duces tecum for production of business records at trial re: gould & associates; and

(2) motion for a court order compelling compliance with the civil subpoena duces tecum for production of business records at trial re: law offices of meyers and burnett

BACKGROUND

Plaintiffs Zachary J. McDonald and Hugo Vargas each commenced a wage-and-hour lawsuit against Defendants Michael Russell McMillan, M&M Custom Flooring, and M&M Custom Floors, Inc. This consolidated action also includes various cross-complaints. Mike McMillan filed a cross-complaint against Zachary McDonald, Daniel McDonald, Evelyn McDonald for assault and battery, wherein he alleges he was physically attacked by Daniel McDonald on December 24, 2016.

On October 2, 2017, Cross-Complainant M&M Custom Floors, Inc. (“M&M”) filed a cross-action against Zachary McDonald, Daniel McDonald, Evelyn McDonald, and Livin’ Right Floors, Inc. (“LRF”) (together, “Cross-defendants”) based on allegations that Daniel McDonald wrongfully took possession of tools and equipment and its trade secrets were misappropriated. M&M asserts causes of action for: (1) conversion (against all Cross-defendants), (2) constructive fraud (against all Cross-defendants), (3) breach of fiduciary duty (against Cross-defendants Zachary McDonald and Daniel McDonald), (4) misappropriation of trade secrets (against all Cross-defendants), (5) intentional interference with a prospective economic advantage (against all Cross-defendants), and (6) indemnity and contribution (against Cross-defendant Daniel McDonald).

On October 15, 2019, M&M filed 2 motions for a court order compelling compliance with civil subpoenas duces tecum for production of business records at trial from: (1) Gould & Associates and (2) the Law Offices of Meyers and Burnett. M&M also seeks sanctions against Evelyn McDonalds and her attorney of record, Jonathan Nguyen, Esq., to pay monetary sanctions for bringing the motions.

On October 28, 2019, Evelyn McDonald filed a single opposition to both motions.

DISCUSSIOn

  1. Timeliness

In the opposition, Evelyn McDonald argues that the motions are untimely because Trial is set for November 12, 2019 and the motions are set for hearing November 8, 2019. She relies on CCP §2024.020, arguing that the motions violate the discovery cut-off period.

CCP §2024.020 states: “any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (CCP §2024.020.) CCP §2024.020 is under the provisions of Title 4—“Civil Discovery Act.” CCP §2016.010 states: “This title may be cited as the ‘Civil Discovery Act.’” Differently, CCP §1987 is under Title 3—“Of the Production of Evidence.”

Evelyn McDonald has not cited any case law or code sections showing that M&M’s subpoenas are subject to the discovery cut-off proscribed in the Civil Discovery Act. The Court also notes that M&M field these motions pursuant to CCP §§1985, 1987, 1987.1(a), and 1987.5, which are not part under a different title of the code.

As such, M&M’s subpoenas and its motions to compel compliance thereto, are not subject to the cut-off periods provided for in the Civil Discovery Act.

  1. Discussion of Merits

M&M seek records from Gould & Associates and Meyers and Burnett, arguing that Evelyn McDonald objected to each category of documents requested to be produced at trial.

The subpoenas request that the custodian of records from the two law firms appear in person as witnesses to Department B on November 12, 2019 at 9:30 a.m. The subpoenas request that following documents be produced: (1) a fully executed settlement agreement in two cases that Evelyn McDonald was involved in; (2) settlement payments made to Evelyn McDonald in those cases; (3) copies of all checks made to Evelyn McDonald thereto; and (4) copies of all checks to her counsel in those cases. Evelyn McDonald was involved in two prior lawsuits: (1) Evelyn McDonald v. Dunlap Property Group, Inc. (Orange County Superior Court, Case No. 30-2010-00415726-CU-OE-CJC, “Dunlap case”) where she was represented by Gould & Associates, and (2) Evelyn McDonald v. Robbie Gaze (Orange County Superior Court, Case No. 30-2011-00443395-CU-PA-CJC, “Gaze case”) where she was represented by Meyers and Burnett.

Evelyn McDonald argues that the motion is premature since the date to comply with the subpoenas is November 12, 2019, which is after the hearing on the motions. However, even if the compliance date is later, Evelyn McDonald does not deny that she has objected to the subpoenas. Thus, the Court does not find that the motions are necessarily premature. (The Court notes that since Evelyn McDonald is a party to this action, she should have moved to quash the subpoenas.)

M&M seeks the records pertaining to two settlements Evelyn McDonald entered into as a result of the Gaze and Dunlap cases. It argues there is good cause for the documents because they will tend to show whether Zachary McDonald needed money or made an effort to see a doctor. M&M cites to Zachary McDonald’s deposition where he testified that he began working for M&M in 2011 and started suffering from emotional distress thereafter, but did not seek medical treatment for his emotional distress claim because he did not have money to afford a doctor his parents. He also states that his parents (Daniel and Evelyn McDonald) not have money. (Murphy Decl. re Meyers and Burnett, Ex. 1 [Z. McDonald Depo. at pp.153-159].) Evelyn McDonald also testified in her deposition she had no money to give Zachary McDonald to assist him with his emotional distress. (Id. at Ex. 3 [E. McDonald Depo. at pp.32-33, 65-66, 68-69, 182].)

However, the Court does not find that M&M has established good cause for these documents. The requests violate Evelyn McDonald’s right of privacy in her individual financial information and M&M has not shown why such privacy rights should be disregarded. Evelyn McDonald has not put her finances at issue in this case. In addition, the pretrial discovery of financial information is not permitted. (See Civ. Code, §3295.)

A need for the information may come up in the event that Plaintiff offers testimony by Evelyn McDonald or Zachary McDonald to the effect that she did not have money for medical care. Nevertheless, the Court will wait to see if such evidence develops at trial. Generally, the Court would discourage such evidence. Attempting to do so by way of looking into Evelyn McDonald’s finances is attenuated at best.

CONCLUSION AND ORDER

M&M’s motions to compel compliance with the subpoenas issued on Gould & Associates and the Law Offices of Meyers and Burnett are denied. M&M’s request for sanctions is denied. Evelyn McDonald’s request for sanctions will be deferred until after trial when it is determined whether her testimony that might make such documents relevant is offered.

Evelyn McDonald shall provide notice of this order.