Case Number: BC560030 Hearing Date: June 08, 2018 Dept: NCE

Yolande Ngom v. Brandi Cyrus, et al. Motion to Modify Protective Order. Plaintiff Ngom’s Amended Motion to Modify Protective Order Re the Deposition of Miley Cyrus is granted in part.

The court modifies its previous order of September 29, 2017, and enters a new order as follows: Motion of Defendant Smiley Miley, Inc. for a protective order and to quash the deposition of Miley Cyrus is denied.

The court’s prior order provided in part:

“The protective order is issued without prejudice to a future motion once these alternative [discovery] avenues are exhausted, if plaintiff can make a colorable showing of good cause [in support of its position] that the deponent possesses information necessary to the case.”

The court finds that plaintiff has exhausted alternative discovery avenues and that it has made a showing of good cause in support of its positions that Miley Cyrus possesses information necessary to the plaintiff’s case, including direct personal factual information pertaining to material issues in the action. [Vaqar Decl., Ex.A, Notice of Lodging; Exhibit C. Decl. of Miley Cyrus Clarifying]. The court also finds that defendant Smiley Miley, Inc. has been shown to have withheld information sought by plaintiff through the alternative avenues of discovery.

The court orders Miley Cyrus to comply with the Notice of Deposition served on July 24, 2017, and thus to appear at her deposition and to give testimony on ________________at ___a.m./p.m. at [Plaintiff’s counsel’s office],and to bring with her all documents requested in the Notice of Deposition.

Monetary sanctions in the amount of $5,000 are awarded in favor of Plaintiff Ngom and against defendant Smiley Miley, Inc. and its attorney of record, jointly and severally, payable within 30 days. (CCP Sections 2025.420(d), 2023.010(d)(e) and (f), and 2023.30(a)]