Bui Simon v. Angela Scott, et al

Case Number

23CV03184

Case Type

Hearing Date / Time

Wed, 08/28/2024 - 10:00

Nature of Proceedings

1) Motion of Defendant Scott Milden to Disqualify Counsel for Plaintiff; and, 2) Motion of Defendant Scott Milden for Protective Order

Tentative Ruling

For Plaintiff Bui Simon: Patricia L. Glaser, Cynthia E. Organ, Alexander R. Miller, Glaser Weil Fink Howard Jordan & Shapiro LLP                                   

For Defendants Angela Scott, Scott Milden, and Milden, LLC: Bert H. Deixler, Patrick J. Somers, David T. Freenock, Kendall Brill & Kelly LLP                     

RULING:

(1) For the reasons set forth herein, the motion of defendant Scott Milden to disqualify counsel for plaintiff Bui Simon is denied.

(2) The motion of defendant Milden for a protective order is denied. All requests for awards of monetary sanctions are denied.

(3) The deposition of defendant Milden ordered in related case No. 23CV02376 is to apply to both this case and case No. 23CV02376 and to encompass all matters in both cases.

Analysis

The two motions now before the court are (1) the motion of defendant Scott Milden to disqualify counsel for plaintiff Bui Simon, and (2) the motion of defendant Scott Milden for a protective order regarding his deposition. The same motions have been made, and are being concurrently heard with the motions in this case, in the related case of Simon, etc., v. Scott, et al., case No. 23CV02376. The facts, arguments, and analysis applicable to the motions in case No. 23CV02376 and the motions in this case are the same. The court incorporates by this reference its ruling in case No. 23CV02376 and reaches the same results in this case with one qualification.

The qualification is that in case No. 23CV02376, plaintiff Simon also made a motion to compel the deposition of Milden but has not made such a motion in this case. As the court noted in ruling in case No. 23CV02376, “[i]f the motion for a protective order is denied in whole or in part, the court may order that the deponent provide or permit the discovery against which protection was sought on those terms and conditions that are just.” (Code Civ. Proc., § 2025.420, subd. (g).) Because of the overlap in the subject matter between these two related cases, there should only be one deposition of defendant Milden in both cases. To avoid any confusion, the court will order that the deposition ordered in case No. 23CV02376 will be deemed to be taken in both cases and the orders in case No. 23CV02376 regarding that deposition apply in this case as well.