Bui Simon etc. v . Angela Scott, et al.

Case Number

23CV03184

Case Type

Hearing Date / Time

Wed, 11/06/2024 - 10:00

Nature of Proceedings

(4) Motions

Tentative Ruling

HEARINGS

1. Motion of Defendant Angela Scott for Summary Judgment or Alternatively for Summary Adjudication

                            

2. Motion of Defendants Scott Milden and Milden, LLC, for Summary Judgment or Alternatively for Summary Adjudication

                                   

3. Motion of Defendants to Seal Exhibits re Motion for Summary Judgment

                                   

4. Motion of Defendant Scott Milden to Seal Exhibits re Motion for Protective Order

ATTORNEYS

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 Angela Scott for Summary Judgment or Alternatively for Summary Adjudication is denied in its entirety.

(2)     For the reasons set forth herein, the Motion of Defendants Scott Milden and Milden, LLC, for Summary Judgment or Alternatively for Summary Adjudication is denied in its entirety.

(3)     For the reasons set forth herein, the motion of Defendants Angela Scott, Scott Milden, and Milden, LLC, to Seal Exhibits, Filed on August 16, 2024, is granted. The following documents now lodged provisionally under seal, lodged on August 19, 2024, are ordered filed under seal: (1) Defendant Angela Scott’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 1 of 5]; (2) Defendant Angela Scott’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 2 of 5]; (3) Defendant Angela Scott’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 3 of 5]; (4) Defendant Angela Scott’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 4 of 5]; (5) Defendant Angela Scott’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 5 of 5]; (6) Defendant Scott Milden’s and Milden, LLC’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 1 of 5]; (6) Defendant Scott Milden’s and Milden, LLC’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 1 of 5]; (7) Defendant Scott Milden’s and Milden, LLC’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 2 of 5]; (8) Defendant Scott Milden’s and Milden, LLC’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 3 of 5]; (9) Defendant Scott Milden’s and Milden, LLC’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 4 of 5]; and (10) Defendant Scott Milden’s and Milden, LLC’s Appendix of Evidence in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication [Volume 5 of 5]. (Note: This motion was filed twice, on August 16 and on August 19, and erroneously appears as two motions on the Court’s docket.)

(4)     For the reasons set forth herein, the motion of Defendant Scott Milden to seal exhibits, filed on August 21, 2024, is granted. The following documents now lodged provisionally under seal, lodged on August 21, 2024, are ordered filed under seal: (1) Supplemental Declaration of Scott Milden in Support of Reply in Support of Motion for Protective Order; and (2) Supplemental Declaration of Angela Scott in Support of Reply in Support of Motion for Protective Order.

Analysis

In the related case of Simon v. Scott, case number 23CV02376, there are also scheduled for this hearing: (1) the Motion of the Angela Scott for Summary Judgment or Alternatively for Summary Adjudication; (2) the Motion of Defendants Scott Milden and Milden, LLC, for Summary Judgment or Alternatively for Summary Adjudication; (3) the Motion of Defendants Angela Scott, Scott Milden, and Milden, LLC, to Seal Exhibits, Filed on August 16, 2024; and (4) the Motion of Defendant Scott Milden to Seal Exhibits, filed on August 21, 2024.

In this action, case number 23CV03184, there are scheduled for this hearing: (1) the Motion of the Angela Scott for Summary Judgment or Alternatively for Summary Adjudication; (2) the Motion of Defendants Scott Milden and Milden, LLC, for Summary Judgment or Alternatively for Summary Adjudication; (3) the Motion of Defendants Angela Scott, Scott Milden, and Milden, LLC, to Seal Exhibits, Filed on August 16, 2024; and (4) the Motion of Defendant Scott Milden to Seal Exhibits, Filed on August 21, 2024.

With respect to the two Motions for Summary Judgment or Alternatively for Summary Adjudication, the separate statements filed in support of both motions appear substantively identical to the separate statements filed in support of both motions in case No. 23CV02376. In all cases, the moving party relies upon the same 138 separate statement facts. In particular, the separate statements in this case have identical separate statement facts 4 and 75, both of which are discussed as examples in the Court’s ruling on the summary judgment motions in case No. 23CV02376.

The Court incorporates by this reference its ruling in case No. 23CV02376. For the same reasons explained in that ruling, the Motions for Summary Judgment or Alternatively for Summary Adjudication will be denied in this case.

Also, for the same reasons set forth in that ruling, the motions to seal will be granted.