On February 26, 2019 a
Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)
was filed
involving a dispute between
Formosa Fabric Inc.,
Lavi Omid,
Lavitex Inc.,
and
Arte Milano Textile Inc.,
Lavi Omid,
Lavitex Inc.,
for civil
in the District Court of Los Angeles County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 37
19STCV06666 January 6, 2021
FORMOSA FABRIC INC., A CALIFORNIA CORPORATION 8:30 AM
vs OMID LAVI, et al.
Judge: Honorable Richard J. Burdge Jr. CSR: Yolanda Tanner, CSR#12785
(Telephonic)
Judicial Assistant: Maria C. Faune ERM: None
Courtroom Assistant: Efren Avena Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Nico Tabibi (Telephonic)
For Defendant(s): Robert Ezra (Telephonic)
NATURE OF PROCEEDINGS: Hearing on Motion to Compel Discovery (not "Further
Discovery") - Deposition of Formosa Fabric Inc's CCP Section 2025.30 Designee; Request for
Sanctions
Pursuant to Government Code sections 68086, 70044, California Rules of Court, rule 2.956, and
the stipulation of appearing parties, Yolanda Tanner, CSR#12785, certified shorthand reporter is
appointed as an official Court reporter pro tempore in these proceedings, and is ordered to
comply with the terms of the Court Reporter Agreement. The Order is signed and filed this date.
The matter is called for hearing and is argued.
The Court adopts its tentative ruling with modification as the final order of the court as follows:
Lavitex’s motion is granted. Lavitex’s request for sanctions is granted in the amount of $10,000
payable in 60 days. The PMK deposition must commence within 45 days of this date and may
take place by videoconference. Lavitex is to give notice.
Background
This action arises out of business transactions between Plaintiff, Formosa Fabric, Inc.
(“Formosa”), and Defendants, Lavitex, Inc. (“Lavitex”), Omid Lavi (“Lavi”) and Arte Milano
Textile Inc. (“Arte”) The Complaint alleges that each of the defendants acted as the
agent/employee of the other defendants. Formosa alleges that between April and November
2018, Formosa delivered certain fabric goods to Defendants having a total agreed value of
$2,909,917.24. Formosa alleges that although all products were delivered, all Defendants have
still failed to pay the sum of $2,812,413.20. Additionally, the Complaint alleges that in or about
April 2018, Lavitex, with full knowledge that it owed Formosa the total amount, intentionally
Minute Order Page 1 of 7
Document Filed Date
January 06, 2021
Case Filing Date
February 26, 2019
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 05/06/2021
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 37 19STCV06666 January 6, 2021 FORMOSA FABRIC INC., A CALIFORNIA CORPORATION 8:30 AM vs OMID LAVI, et al. Judge: Honorable Richard J. Burdge Jr. CSR: Yolanda Tanner, CSR#12785 (Telephonic) Judicial Assistant: Maria C. Faune ERM: None Courtroom Assistant: Efren Avena Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Nico Tabibi (Telephonic) For Defendant(s): Robert Ezra (Telephonic) NATURE OF PROCEEDINGS: Hearing on Motion to Compel Discovery (not "Further Discovery") - Deposition of Formosa Fabric Inc's CCP Section 2025.30 Designee; Request for Sanctions Pursuant to Government Code sections 68086, 70044, California Rules of Court, rule 2.956, and the stipulation of appearing parties, Yolanda Tanner, CSR#12785, certified shorthand reporter is appointed as an official Court reporter pro tempore in these proceedings, and is ordered to comply with the terms of the Court Reporter Agreement. The Order is signed and filed this date. The matter is called for hearing and is argued. The Court adopts its tentative ruling with modification as the final order of the court as follows: Lavitex’s motion is granted. Lavitex’s request for sanctions is granted in the amount of $10,000 payable in 60 days. The PMK deposition must commence within 45 days of this date and may take place by videoconference. Lavitex is to give notice. Background This action arises out of business transactions between Plaintiff, Formosa Fabric, Inc. (“Formosa”), and Defendants, Lavitex, Inc. (“Lavitex”), Omid Lavi (“Lavi”) and Arte Milano Textile Inc. (“Arte”) The Complaint alleges that each of the defendants acted as the agent/employee of the other defendants. Formosa alleges that between April and November 2018, Formosa delivered certain fabric goods to Defendants having a total agreed value of $2,909,917.24. Formosa alleges that although all products were delivered, all Defendants have still failed to pay the sum of $2,812,413.20. Additionally, the Complaint alleges that in or about April 2018, Lavitex, with full knowledge that it owed Formosa the total amount, intentionally Minute Order Page 1 of 7