On September 22, 2017 a
Party Discovery
was filed
involving a dispute between
Core Fitness Llc,
Core Health & Fitness Llc,
Core Industries Llc,
and
Bassi Edlin Huie & Blum Llp,
Nat'L Union Fire Ins. Comp. Of Pitts Pa,
for civil
in the District Court of Los Angeles County.
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 06/04/2019 05:04 PM Sherri R. Carter, Executive Officer/Clerk of Court, by L. Perez,Deputy Clerk
1 GREGORY B. SCHER - State Bar No. 137228
gscher@wpdslaw.com
2 BRIAN W. WALSH - State Bar No. 126483
bwalsh@wpdslaw.com
3 WOOLLS PEER DOLLINGER & SCHER
A Professional Corporation
4 One Wilshire Building
624 South Grand Avenue, 22nd Floor
5 Los Angeles, California 90017
Telephone: (213) 629-1600
6 Facsimile: (213) 629-1660
7 Attorneys for
PHILADELPHIA INDEMNITY INSURANCE
8 COMPANY
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF LOS ANGELES-CENTRAL DISTRICT
11
One Wilshire Building, 624 South Grand Avenue, 22nd Floor
12 CORE HEALTH & FITNESS, LLC, a Nevada Case No.: BC676824
limited liability company,
13 Case assigned to Hon. Robert S. Draper in
Los Angeles, California 90017
A Professional Corporation
Plaintiff, Dept. 78
14 v.
~
NON-PARTY PHILADELPHIA
=c 15 NATIONAL UNION FIRE INSURANCE INDEMNITY INSURANCE COMPANY’S
a COMPANY OF PITTSBURG, PA, a Pennsylvania OPPOSTION TO NATIONAL UNION
16 corporation; BASSI EDLIN HUIE & BLUM, LLP, FIRE INSURANCE COMPANY’S
a California limited liability partnership; and DOES MOTION TO COMPEL COMPLIANCE
17 1 through 10, inclusive, WITH SUBPOENA
18 Defendants.
Hearing Date: June 17, 2019
19 Time: 8:30 a.m.
Dept.: 78
20
21
I. INTRODUCTION
22
Non-party, Philadelphia Indemnity Insurance Company (“Philadelphia”), responds herein to
23
defendant National Union Fire Insurance Company of Pittsburgh, PA's (“National Union”) Motion
24
to Compel Compliance with Subpoena. National Union’s motion is untimely because it is brought
25
more than 60 days beyond Philadelphia’s subpoena production and any agreed extension. Code of
26
Civil Procedure §2025.480(d). Further, as no bad faith conduct or extra-contractual remedies are
27
alleged or sought against non-party Philadelphia, National Union certainly cannot obtain bad faith-
28
PRINTED ON RECYCLED PAPER 1
OPPOSITION TO MOTION TO COMPEL
663118.1
Document Filed Date
June 04, 2019
Case Filing Date
September 22, 2017
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 05/06/2020
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Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 06/04/2019 05:04 PM Sherri R. Carter, Executive Officer/Clerk of Court, by L. Perez,Deputy Clerk 1 GREGORY B. SCHER - State Bar No. 137228 gscher@wpdslaw.com 2 BRIAN W. WALSH - State Bar No. 126483 bwalsh@wpdslaw.com 3 WOOLLS PEER DOLLINGER & SCHER A Professional Corporation 4 One Wilshire Building 624 South Grand Avenue, 22nd Floor 5 Los Angeles, California 90017 Telephone: (213) 629-1600 6 Facsimile: (213) 629-1660 7 Attorneys for PHILADELPHIA INDEMNITY INSURANCE 8 COMPANY 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF LOS ANGELES-CENTRAL DISTRICT 11 One Wilshire Building, 624 South Grand Avenue, 22nd Floor 12 CORE HEALTH & FITNESS, LLC, a Nevada Case No.: BC676824 limited liability company, 13 Case assigned to Hon. Robert S. Draper in Los Angeles, California 90017 A Professional Corporation Plaintiff, Dept. 78 14 v. ~ NON-PARTY PHILADELPHIA =c 15 NATIONAL UNION FIRE INSURANCE INDEMNITY INSURANCE COMPANY’S a COMPANY OF PITTSBURG, PA, a Pennsylvania OPPOSTION TO NATIONAL UNION 16 corporation; BASSI EDLIN HUIE & BLUM, LLP, FIRE INSURANCE COMPANY’S a California limited liability partnership; and DOES MOTION TO COMPEL COMPLIANCE 17 1 through 10, inclusive, WITH SUBPOENA 18 Defendants. Hearing Date: June 17, 2019 19 Time: 8:30 a.m. Dept.: 78 20 21 I. INTRODUCTION 22 Non-party, Philadelphia Indemnity Insurance Company (“Philadelphia”), responds herein to 23 defendant National Union Fire Insurance Company of Pittsburgh, PA's (“National Union”) Motion 24 to Compel Compliance with Subpoena. National Union’s motion is untimely because it is brought 25 more than 60 days beyond Philadelphia’s subpoena production and any agreed extension. Code of 26 Civil Procedure §2025.480(d). Further, as no bad faith conduct or extra-contractual remedies are 27 alleged or sought against non-party Philadelphia, National Union certainly cannot obtain bad faith- 28 PRINTED ON RECYCLED PAPER 1 OPPOSITION TO MOTION TO COMPEL 663118.1