Case Number: EC067721 Hearing Date: October 19, 2018 Dept: B

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katrin yermian,

Plaintiff,

v.

dion rostamian, et al.,

Defendants.

Case No.: EC067721

Hearing Date: October 19, 2018

[TENTATIVE] order RE:

motion to compel defendant’s deposition

BACKGROUND

Plaintiff Katrin Yermian (“Plaintiff”) alleges that she went to Defendant Xpress Credit Repair Inc. (“Xpress”), in order to inquire about obtaining a student loan for her son’s tuition. She allege she talked to Defendant Dion Rostamian (“Rostamian”), who told her that she would not need a student loan, but should instead increase her credit limits for all of her credit cards and withdraw all cash available on her cards as cash advances. Defendants sought a fee of 15% of the total amount of cash advances withdrawn. Once all of the credit line increases were approved, Rostamian went with Plaintiff to the bank to make the cash advance withdrawals. She alleges Rostamian took possession of her withdrawn funds in the amount of $20,000 and induced her to give a 15% fee and her username and password for her accounts. Thereafter, her credit lines were reduced and her accounts were closed as a result of the credit line increases and immediate withdrawal of funds. Plaintiff alleges that Defendants are still in possession of her funds.

The complaint, filed February 2, 2018, alleges causes of action for: (1) fraud; (2) violation of Business & Professions Code, §17200; (3) breach of oral contract; and (4) money had and received.

Plaintiff moves to compel the deposition of Rostamian. The Court is not in receipt of an opposition brief.

PROOF OF SERVICE

On August 20, 2018, Plaintiff filed this motion and served it by mail on defense counsel at 22809 Pacific Coast Highway, Malibu CA 90265. However, on August 9, 2018, defense counsel filed a Notice of Change of Address or Other Contact Information, stating that his new address is located at 29160 Heathercliff Road, Suite 4133, Malibu, CA 90264.

Thus, it does not appear that Plaintiff properly served the motion papers on Defendants through their counsel. The Court also notes that it is not in receipt of an opposition brief from Defendants.

CONCLUSION AND ORDER

Accordingly, the motion is continued to November 16, 2018 at 8:30 a.m. in order to give Plaintiff time to properly serve Defendants at defense counsel’s newly updated office address. Any opposition and reply brief shall be filed and served pursuant to code.

Plaintiff shall provide notice of this order.

Posted 10/17/18 at 10:02 a.m.