Motion to Compel Deposition; Request for Monetary Sanctions
22CV018811: CONSUMER ADVOCACY GROUP, INC vs KOREAN FARM, INC., A CALIFORNIA CORPORATION, et al. 06/05/2026 Hearing on Motion to Compel Deposition of Michael Marcus CRS# 123825269304 in Department 520
Tentative Ruling - 06/05/2026 Jamilah A. Jefferson
The Motion to Compel DEFENDANTS RHEE BROS, LLC'S AND KOREAN FARMS, LLC'S NOTICE OF MOTION AND MOTION TO COMPEL THE DEPOSITION OF MICHAEL MARCUS, OR, IN THE ALTERNATIVE, AN ORDER PRECLUDING MICHAEL MARCUS FROM TESTIFYING AT TRIAL, AND REQUEST FOR MONETARY SANCTIONS filed by Rhee Bros. Inc., a Maryland Corporation, Korean Farm, Inc., a California Corporation on 02/05/2026 is Granted.
The Motion of Defendants Rhee Bros, LLC and Korean Farm, LLC (Defendants) to Compel Deposition is GRANTED IN PART only as to sanctions.
As an initial matter, there appear to be duplicate hearings scheduled for the same Motion brought by co-Defendants Rhee Bros, LLC and Korean Farm, LLC. Hence, the Court considers them as a single motion.
During the hearing on the motion, Plaintiff represented that it is very unlikely that Mr. Michael Marcus will be available to sit for deposition. Indeed, Plaintiff eventually confirmed that he will not be available.
Plaintiff also conceded that, if Mr. Marcus is not available for deposition, it is reasonable that he will not appear at trial to present any testimony.
This motion to compel is now substantively resolved - Mr. Marcus will not appear for a deposition and he will also not be called for any trial testimony.
Despite this resolution at the hearing, the Court maintains the sanctions award given that this level of certainty was likely possible before the hearing.
Reduced sanctions in the amount of $1,050 are awarded against Plaintiff, payable to Defendants forthwith.
NOTICE: This tentative ruling will automatically become the courts final order on June 5, 2026 unless, by no later than 4:00 P.M. on June 4, 2026, a party to the action notifies BOTH: 1) the 22CV018811: CONSUMER ADVOCACY GROUP, INC vs KOREAN FARM, INC., A CALIFORNIA CORPORATION, et al. 06/05/2026 Hearing on Motion to Compel Deposition of Michael Marcus CRS# 123825269304 in Department 520 court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.
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