Naos Yachts - Los Angeles

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Review Highlights

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“ This past Memorial Day weekend was made extra special thanks to this awesome program and specifically Grant . ” in 17 reviews

Erik E.

“ I've taken sailing classes with NAOS yachts, and Mark - my instructor - was great. ” in 5 reviews

Brent G.

“ Charlie , our captain, was super nice and made our trip so enjoyable. ” in 4 reviews

Location & Hours

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13555 Fiji Way

Marina Del Rey, CA 90292

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About the Business

Business owner information

Photo of Charles-E D.

Charles-E D.

Business Owner

Leading sailboat and powerboat dealership in California. We sell new sail and power boats from Beneteau, Lagoon, Wellcraft, Four Winns, NEEL, and Amel. We also sell AST composite dinghies. Interested in learning how to sail or drive a powerboat? Naos Yachts is also a sailing school with ASA instructors and a powerboat boat school with RPBA curriculum. Not ready to buy a boat? Join our sailing club! We are the official Sailtime and Powertime base in Marina del Rey with new Beneteau sailboats and powerboats, we even have a Lagoon catamaran for our club members. Contact us to buy a boat, sell your boat, learn sailing, and start on your new ocean adventures! …

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Photo of Char C.

We visited to see a boat for sale. My hubby forgot to hit send on his email telling them we were coming, so the boat was not available. Gunnar gave us an opportunity to see some of the newer Beneteau beauties on their lot. You have to climb a ladder to see them, and I'm not a fan of heights. Thank goodness my daughter was there to make me pretend it wasn't scary. But I digress. Worth every heart palpitation. The new models have some interesting changes and Gunnar was great at explaining them. We've been targeting the 38.1 but after seeing the 40.1 we may need to rethink that. Its hard to find new boats for sale at San Diego dealers. Gunnar mentioned they always have new ones on the lot, so when you're ready to buy, this is a great place to choose.

naos yachts inc

I recently bought a boat from this team and it was a singularly outstanding experience. Gunnar in sales was transparent, honest and helpful and once purchased both he and John went the extra mile to address every concern or question I had - big and small. And a week later I'm still learning about the boat and they remain available and helpful. I can't say enough about what a positive this experience has been.

Photo of John K.

Unprofessional, unresponsive... NAOS doesn't care if you are not a fat cat, they just ignore you. Both the broker Gunnar and the owner Charles completely ignored my repeated attempts to follow up via text and email, it has been 3 weeks. I made an initial offer on an consignment sailboat which I think they found too low and decided to completely ignore my attempts for an answer. I doubt Gunner even run my offer by the owners. What an unprofessional attitude... I will be sure to spread the word in my local yacht club and all the others I am in touch with.

Photo of Dan S.

Anne and Ben made my ASA 105 and 106 class fantastic. I've had some oddball instructors in the past but Ben was a very smart and fun instructor, and with the sparkly new boat, this trip exceeded all my expectations. I'll definitely be back to Naos for more classes.... and hopefully a charter.

Photo of marketing N.

marketing N.

Apr 17, 2023

Hi Dan, Thank you for your great review, we loved having you with us! Can’t wait to meet you again for more sailing classes, a charter and new adventures on the ocean!

Photo of Bill L.

Benjamin Morse represented us (the buyer) and represented the seller on a lagoon 62 we wanted to buy. After I made an offer on the boat, Ben told me they had an existing higher offer in hand and that I should bump an additional $46,000 if I wanted to close the deal and get the boat. Later I found out from the seller, that there were no other written offers. It was just a tactic Ben used to get more money for the boat and to raise his commissions. When I exposed Ben and caught him in his lies, he denied it and he asked me why am I making this stuff up. As if making this stuff up somehow benefits me, as if I have nothing better to do with my time. I would suggest you stay away from Ben. I do not know about the other guys at Naos Yachts and I believe this is probably isolated to just Ben.

Photo of Steph P.

I simply can't get enough of Naos. The magic all started when I took ASA 101 with Grant. He was incredibly professional, knowledgeable, patient, and wonderful at explaining things. Grant has been my go to person with anything regarding sailing, sale time memberships, and MDR slip/docking questions. I am so thankful to have had him as my first teacher into this newfound love: sailing! I never felt stupid for the silly questions I asked and for the sailing errors I made; Grant would patiently explain things and provide feedback on how to improve. I have already signed up for my ASA 103 class. I am looking forward to learning more from the school. The yachts are in great condition and pretty damn sexy. I will likely be joining the sail time program and perhaps buy my own boat in the future. The last boat show showcased some amazing options. Another great person who is very knowledgeable about yachts is Phillip Winter. He was very helpful when I had called to learn more about the sailing school schedules. Parking here is also really easy. Minor tip- if you're able to get a full group sailing class together, they might be able to knock off a small discount!

naos yachts inc

See all photos from Steph P. for Naos Yachts - Los Angeles

Photo of Kay M.

NAOS is a great place for those interested in purchasing a sailing yacht, learning more about the sport, talking with their experienced staff or even for those who are interested in sailing without the cost of ownership. They also offer a complete gamut of ASA courses for new skippers to get their feet wet. The owner, Charlie, is a world-renowned skipper with decades of experience and a keen attention to detail. Their fleet of Beneteau Oceanis yachts is simply world-class and unmatched by anyone in the region. Whether you're interested in an entry-level sailing boat or a monster 50+ footer, they have you covered. With excellent service, attention to detail, honesty and pride in sailing. Vadim is also a great guy who manages the SailTime fleet. Very hands-on, knowledgeable, all over the place and full of knowledge (maybe too much knowledge at times but better this than nothing). He takes pride in his job and is a perfectionist. Same can be said about Greg, Gunner, Kait and the rest of the NAOS team. Hats off to Charlie, his wife and the rest of the people at NAOS who bring a remarkable experience to Southern California sailing. If you're interested in the sport, whether buying, leasing or getting involved - don't go anywhere else but NAOS.

Photo of Jennifer F.

Fabulous Group of People! We recently chartered a Lagoon 400S for the weekend from NAOS and it was spectacular! We are already looking forward to our next weekend chartering with NAOS...until we purchase our own Lagoon from them! Everything was handled professionally and without any problems from booking to details to itineraries to where to buy provisions, etc. I was surprising my husband, who was to be the skipper, for his 50th birthday and Phillip and Gunnar were great! The boat, a new one in their fleet, was lovely. We sailed to Avalon on Friday and spent the night. My daughter flew down from San Fran and surprised my husband in Avalon (Phillip helped me with the ferry) and that was super special! Saturday we sailed around the backside of the island and ended up in Two Harbors where we went ashore and had a nice hike and then dinner and spent the night in the harbor. Sunday morning we woke up to fog but it was still easy going. We ended up back at the marina by early afternoon. We had a few little technical troubles along the way during the weekend but nothing that prevented us from having fun. Plus, Gunnar was always available by phone to help out. Thanks to everyone at NAOS for an incredible weekend!

naos yachts inc

My boyfriend recently surprised me for my birthday with a private charter lagoon boat from Nao's Yachts and coming from someone who is the queen of surprises, I was beyond impressed!!!!! My family and friends were hiding in the lower level of the boat waiting for me and my mom and boyfriend to arrive. This boat was like a mini diddy video lol it was insane!! It has 3 bedrooms, 2 bathrooms, kitchen, indoor lounge area, tons of exterior lounge areas, such stunning views, super clean and gorgeous!!! We had the most awesome captain (love you Captain Charlie!!!!!!)! Captain Charlie took us around the harbor since the ocean was a bit harsh due to the wind and choppy waves that day, but he took us out far enough to watch the most beautiful breathtaking sunset we've ever seen!! We had cupcakes and champagne on the boat, took tons of pics, made hilarious videos and had our favorite music blasting the entire time. My friends and family are still talking about how dope this idea was...we were all so hype about the entire thing! I would recommend this experience to anyone who wants to have a creative, fun, romantic, unforgettable experience! Request Captain Charlie!! I promise you will thank me for it! He's the coolest, so sweet and so knowledgable, experienced and most fun captain ever!!

naos yachts inc

I had a similar experience to the other 1 star Yelper below, Jesse F... Grant, the charter manager, is a complete jerk to work with. He appears extremely nice and accommodating at first to get your business, but then flips a switch after you get comfortable. I chartered a Beneteau Oceanis 37 for over $2,300 and was informed upon check-in with Grant that the boat did not have a macerator pump. So our 3 night, 4 day trip of 8 guests was very uncomfortable as we could not use the toilet much. I spoke to Grant several times over the phone before the charter and wondered why he waited until the day of check-out to tell me? I would have chartered from another company so that all my guests could use the head when they needed to on this long trip! He said it was a mistake and that Naos would install it at a later time. Gee...thanks! So yes, it did overfill as he warned and was a nightmare to deal with. Also, he told me over the phone that there were 2 staterooms on the boat when there were actually 3. Anyways, we were hoping for some money back as this situation was not cool, but instead we got this: While we were eating dinner one night, one foldable side of the saloon table collapsed and broke off out of nowhere, bruised my partners leg and got wine all over several of my guests. We were gentle with the boat and did not put heavy objects on the foldable sides of the saloon table and always put them back down after eating dinner. In fact the ONLY time we brought them up was during our dinners! Basically we never overloaded the sides of the saloon table...period. After careful inspection, we noticed the screws came loose and the screw holes were stripped. It was obvious the table had broken off before and someone screwed it back on to the particle board, but without much hold. Thinking back, I did notice it was flimsy from the get-go but thought nothing of it. Because I am an honest person, I kept the table off without trying to screw it back in so that I could show whoever was at Naos upon check-in (who ended up being Phillip, the sales manager) that this table had been previously damaged. Phillip asked me if anyone stood on the table (pretty ridiculous since there isn't enough headroom to do so anyway and we were a mellow group) and of course I said "no" and he said "okay." Well, I get a call from Grant several days later telling me I have to pay for the table repair after a quote comes through. I was perplexed as I had explained to Phillip what had happened and could have EASILY screwed the table back into place like our predecessors did to avoid the situation and conversation all together. I explained this to Grant and he bullied me over the phone saying anything that comes back broken is on me, end of story. He did not listen to anything I had to say. He offered zero customer service. I am glad I took pictures of the screw holes and have a crew of 7 witnesses to attest to what has happened, because I will not let a business take advantage of my pocketbook. Grant didn't even let me get a single word in. I will never work with Grant again which is disappointing since I was about to sign up for their advertised monthly "sail time" on the Beneteau Oceanis 38. Whoever hired this young kid to be the charter manager should rethink their decision as he seems either inexperienced in business dealings, or just doesn't care. In fact, the first two charters I had, he charged my credit card a week AFTER my day charter was completed, clearly demonstrating that he is disorganized. I had a great experience with Blue Pacific Boating for my 104 class and will be using them moving forward for charters. My advice - if you charter a boat here at Naos and something breaks due to it already being broken, don't bother being honest about it by letting Naos know about it, just fix it like the person did before you so you aren't blamed for the damage by Grant.

naos yachts inc

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Naos Yacht Sales

Naos yachts.

310-821-8446

Naos Yachts is the leading sailboat brokerage on the entire west coast of the United States for a reason - we are passionate about the sport of sailing and compassionate about the boat buying experience. Founded by offshore racer Charles-Etienne Devanneaux, who has mastered the art of crossing oceans and running a business at the same time, Naos is committed to the customer.

The team at Naos are all experienced (many professional) sailors who see sailing as more of a life-calling than a way to spend their recreational time. They don’t just sell… they advise, assist and aim to make buying a boat an exciting and pleasurable experience that becomes a cherished memory instead of an obstacle course of annoyance and difficulty.

en_US

GLENN DREXLER VS NAOS YACHTS, INC., ET AL.

Case summary, case details.

*******3089

Pending - Other Pending

Personal Injury - Other Personal Injury

Los Angeles County Superior Courts

Spring Street Courthouse

Los Angeles, California

Judge Details

Presiding judges.

LISA R. JASKOL

LEE S. ARIAN

KERRY BENSINGER

WILLIAM A. CROWFOOT

Party Details

DREXLER GLENN

MORSE BENJAMIN

NAOS YACHTS INC.

Attorney/Law Firm Details

Plaintiff attorney.

DINSMORE SCOTT ESQ.

Defendant Attorney

ANGELO LISA D. ESQ.

Court Documents

2/14/2024: Witness List: SECOND AMENDED WITNESS LIST

2/8/2024: Stipulation and Order : JOINT STIPULATION AND ORDER TO CONTINUE FINAL STATUS CONFERENCE

2/8/2024: Minute Order: (Final Status Conference)

2/7/2024: Reply : in support of Defendants' Motion to Reopen Discovery

2/1/2024: Opposition : BY PLAINTIFF TO DEFENDANTS’ MOTION TO REOPEN DISCOVERY

2/1/2024: Declaration : DECLARATION OF RYAN J. JONES IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO REOPEN DISCOVERY

2/1/2024: Declaration : OF SCOTT D. DINSMORE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO REOPEN DISCOVERY

1/29/2024: Notice : Of Court Orders

1/29/2024: Minute Order: (Hearing on Motion for Reconsideration)

1/22/2024: Reply : in Support of Defendants' Motion for Reconsideration

1/16/2024: Declaration : OF SCOTT D. DINSMORE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION FOR RECONSIDERATION OF COURT ORDER GRANTING MOTION TO ALLOW PLAINTIFF TO AUGMENT HIS EXPERT LIST

1/16/2024: Opposition : PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION FOR RECONSIDERATION OF COURT ORDER GRANTING MOTION TO ALLOW PLAINTIFF TO AUGMENT HIS EXPERT LIST

1/5/2024: Motion re: : DEFENDANTS NAOS YACHTS, INC. AND BENJAMIN MORSE'S MOTION TO REOPEN DISCOVERY

12/21/2023: Minute Order: (Hearing on Ex Parte Application to Continue Trial and Related...)

12/20/2023: Ex Parte Application : to Continue Trial and Related Dates

12/12/2023: Motion for Reconsideration: DEFENDANTS NAOS YACHTS, INC. AND BENJAMIN MORSE'S MOTION FOR RECONSIDERATION OF COURT ORDER GRANTING MOTION TO ALLOW PLAINTIFF TO AUGMENT HIS EXPERT LIST;

11/29/2023: Notice : of Court Orders

11/29/2023: Minute Order: (Hearing on Motion - Other to Augment Plaintiff's Expert List)

Docket Entries

Hearing 02/22/2024 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

Hearing 02/15/2024 at 1:30 PM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

Hearing 02/15/2024 at 1:30 PM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion - Other to Reopen Discovery

Docket Witness List SECOND AMENDED WITNESS LIST; Filed by: Glenn Drexler (Plaintiff)

Docket Updated -- Stipulation and Order JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE FINAL STATUS CONFERENCE: Status Date changed from 01/31/2024 to 02/08/2024 ; Result Date: 02/08/2024

Docket Updated -- JOINT STIPULATION AND ORDER TO CONTINUE FINAL STATUS CONFERENCE: Name Extension changed from JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE FINAL STATUS CONFERENCE to JOINT STIPULATION AND ORDER TO CONTINUE FINAL STATUS CONFERENCE ; Exact Name: JOINT STIPULATION AND ORDER TO CONTINUE FINAL STATUS CONFERENCE

Docket Final Status Conference scheduled for 02/15/2024 at 01:30 PM in Spring Street Courthouse at Department 27

Docket Minute Order (Final Status Conference)

Docket Pursuant to written stipulation, Final Status Conference scheduled for 02/08/2024 at 08:30 AM in Spring Street Courthouse at Department 27 Held - Continued was rescheduled to 02/15/2024 01:30 PM

Docket Reply in support of Defendants' Motion to Reopen Discovery; Filed by: Naos Yachts, Inc. (Defendant); Benjamin Morse (Defendant)

Docket Certificate of Mailing for [PI General Order], Standing Order re PI Procedure and Hearing Dates; Filed by: Clerk

Docket PI General Order; Filed by: Clerk

Docket Final Status Conference scheduled for 12/02/2021 at 10:00 AM in Spring Street Courthouse at Department 27

Docket Non-Jury Trial scheduled for 12/16/2021 at 08:30 AM in Spring Street Courthouse at Department 27

Docket Order to Show Cause Re: Dismissal scheduled for 06/15/2023 at 08:30 AM in Spring Street Courthouse at Department 27

Docket Complaint; Filed by: Glenn Drexler (Plaintiff); As to: Naos Yachts, Inc. (Defendant); Benjamin Morse (Defendant)

Docket Civil Case Cover Sheet; Filed by: Glenn Drexler (Plaintiff); As to: Naos Yachts, Inc. (Defendant); Benjamin Morse (Defendant)

Docket Summons on Complaint; Issued and Filed by: Glenn Drexler (Plaintiff); As to: Naos Yachts, Inc. (Defendant); Benjamin Morse (Defendant)

Docket Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk

Docket Case assigned to Hon. Edward B. Moreton in Department 27 Spring Street Courthouse

Tentative Rulings

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

GLENN DREXLER,

Plaintiff,

vs.

NAOS YACHTS, INC, et al.,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

CASE NO.: *******3089

[TENTATIVE] ORDER RE: DEFENDANTS NAOS YACHTS, INC. AND BENJAMIN MORSE'S MOTION TO REOPEN DISCOVERY

Dept. 27

1:30 p.m.

February 15, 2024

I. INTRODUCTION

This is a premises liability action. On June 18, 2020, Plaintiff Glenn Drexler ("Plaintiff") filed this action against Defendants Naos Yachts, Inc., Benjamin Morse (collectively, "Defendants"), and Does 1 through 20, alleging one cause of action for negligence under general maritime law and California law.

On January 5, 2024, Defendants filed a motion to reopen discovery. On February 1, 2024, Plaintiff filed an opposition. On February 7, 2024, Defendants filed a reply.

II. LEGAL STANDARD

Except as otherwise provided, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day and to have motions concerning discovery heard on or before the 15th day before the date initially set for trial of the action. (Code Civ. Proc., ; 2024.020, subd. (a).) "On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040." (Code Civ. Proc., ; 2024.050, subd. (a).)

The court shall take into consideration any matter relevant to the leave requested, including, but not limited to: (1) the necessity and the reasons for the discovery, (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier, (3) any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party, and (4) the length of time that has elapsed between any date previously set, and the date presently set, for the trial of the action." (Code Civ. Proc., ; 2024.050, subd. (b).)

III. DISCUSSION

Defendants seek to reopen discovery so that they may conduct a number of depositions of Plaintiff and multiple non-retained treating physicians of Plaintiff. Defendants contend good cause exists for an order reopening discovery due to Plaintiff still receiving medical treatment in connection with the underlying incident, and that Plaintiff's prior surgeon, Dr. Larsen, was recently replaced by Dr. Patel, whom Defendants have yet to depose. Defendants also contend the Court purportedly told Defendants at the hearing on Plaintiff's motion to augment his witness list that the surgeon who is involved should be the one who is testifying, which Defendants construe as requiring a deposition.

Defendants contend they have been diligent in seeking the requested information, and that Dr. Larsen's recent deposition testimony stated Plaintiff's pain affects his quality of life. Defendants further contend the discovery requested is narrow and will not delay trial.

In opposition, Plaintiff contends it is unnecessary for the Court to reopen discovery because what the Court actually said at the prior hearing on Plaintiff's motion to augment witness list was that Defendants' additional desired depositions may be justified if Dr. Larsen's deposition so drastically changes the whole dynamic of the case. (Dinsmore Decl., ¶ 2, Ex. 1, 25:11-20.) Plaintiff contends that nothing from Dr. Larsen's deposition justifies reopening discovery.

Plaintiff also contends that Plaintiff continuing to see Dr. Mealer and Dr. Valdez since they were deposed in June 2023 does not provide a legal basis for deposing them again. Plaintiff also contends Dr. Patel has not provided Plaintiff with any treatment since he was designated as a non-retained expert on April 6, 2023, and Defendants' failure to take his deposition since then is not a basis for reopening discovery on the eve of trial. Plaintiff further contends that Defendants have not been diligent in seeking this discovery and that reopening discovery will prevent the case from proceeding to trial on February 22, 2024.

The Court agrees with Defendants. This action has been pending for almost four years now, and trial is scheduled for February 22, 2024, i.e., just one week after the hearing on this motion. If the Court were to grant Defendants' motion, it would effectively delay trial because it is highly unlikely the Defendants will be able to fully depose four different people and get the deposition transcripts back in time before the trial. (See Code Civ. Proc., ; 2024.050, subd. (b)(3).) Additionally, on December 21, 2023, the Court continued the trial date from January 23, 2024 to February 22, 2024. (See Id. , ; 2024.050, subd. (b)(4).)

Moreover, it is unclear what significantly different information Defendants think they will obtain by deposing Dr. Valdez and Dr. Mealer again. Merely continuing Plaintiff's treatment does not necessarily mean there have been any significant changes warranting additional depositions of those physicians. ( See Code Civ. Proc., ; 2024.050, subd. (b)(1).)

Furthermore, Dr. Patel was designated as an expert in April 2023; it seems then that Defendants had sufficient opportunity to depose him before the discovery cutoff in this case. ( See Code Civ. Proc., ; 2024.050, subd. (b)(2).) It also seems that Dr. Patel replacing Dr. Larsen in terms of potential surgery for Plaintiff does not drastically alter the whole dynamic of this case. ( See Dinsmore Decl., ¶ 2, Ex. 1, 25:11-20; Code Civ. Proc., ; 2024.050, subd. (b)(1).)

Based on the foregoing, the Court DENIES the motion to reopen discovery. CONCLUSION

The Court DENIES the motion to reopen discovery.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 15 th day of February 2024

Hon. Lee S. Arian

Judge of the Superior Court

GLENN DREXLER,

Plaintiff,

vs.

NAOS YACHTS, INC., et al.,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

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CASE NO.: *******3089

[TENTATIVE] ORDER RE: MOTION FOR RECONSIDERATION OF COURT ORDER GRANTING MOTION TO ALLOW PLAINTIFF TO AUGMENT HIS EXPERT LIST

Dept. 27

1:30 p.m.

January 29, 2024

MOVING PARTY: Defendants Naos Yachts, Inc. and Benjamin Morse ("Defendants")

RESPONDING PARTY: Plaintiff Glenn Drexler ("Plaintiff")

On June 18, 2020, Plaintiff Glenn Drexler ("Plaintiff"), filed this action against Defendants Naos Yachts ("Naos"), Benjamin Morse ("Morse"), and Does 1 through 20 (collectively "Defendants"), for injuries arising from a slip and fall.

On October 13, 2023, Plaintiff filed a motion to augment his expert list by adding a new treating physician, John Larsen, M.D.

On November 28, 2023, the Court issued a tentative order denying Plaintiff's motion to augment his expert list. On November 29, 2023, after hearing oral argument, the Court granted Plaintiff's motion to augment his expert list. (11/29/23 Minute Order; see also Angelo Decl., ¶ 1, Exhibit A.) The Court's minute order indicated that "[t]he Court further grants Counsel for Defendant's request to take Dr. John Larsen's Deposition. Additionally, the Court will allow Defendant to bring any motions forward based on Dr. John Larsen's deposition." (11/29/23 Minute Order.)

On November 29, 2023, Plaintiff filed and served notice of the Court's November 29, 2023 order. The proof of service indicates that notice of the Court's November 29, 2023 order was served via electronic service on Defendants.

On December 12, 2023, Defendants filed and served the instant motion for reconsideration of the Court's November 29, 2023 order (the "Motion"). The Motion is made on the grounds that: (1) Plaintiff has not made Dr. Larsen immediately available for deposition; and (2) Plaintiff has stymied Defendants' request to obtain a W-9 from Dr. Larsen to ensure that the required payment is received in advance of the deposition. (Motion, 7:10-16.) Defendants further contend that the address provided by Plaintiff to mail Dr. Larsen payment for the deposition is in Washington State and, if he has moved out of state, he is no longer under subpoena power of the Court. Moreover, Defendants assert that if Dr. Larsen resides in Washington and is no longer employed by Beach Cities Orthopedics and Sports Medicine, then Dr. Larsen will not be the surgeon performing Plaintiff's surgery if one is required.

On January 16, 2024, Plaintiff filed an opposition to the Motion and assert that the Motion is moot because Dr. Larsen's deposition has been completed.

On reply, Defendants contend that the Motion is not moot because the facts show that Dr. Larsen has moved out of state and is no longer employed by Beach City Orthopedics and Sports Medicine, which was one of the factors considered in granting the motion for leave to augment.

On reply, Defendants do not contest the fact that they were subsequently provided with Dr. Larsen's W-9 form, and that the deposition of Dr. Larsen did occur. Thus, the Court's analysis will solely focus on the third basis for the Motion, which is that Dr. Larsen moved out-of-state and is no longer employed by Beach City Orthopedics and Sports Medicine.

Initially, the Court finds that the Motion is timely under Code Civ. Proc., ; 1008.

Code Civ. Proc. ; 1008(a) "requires that a motion for reconsideration be based on new or different facts, circumstances, or law." ( New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212.) "A trial court's ruling on a motion for reconsideration is reviewed under the abuse of discretion standard." ( Ibid ., citation omitted.)

California Code of Civil Procedure, Section 1008(a) provides that "[w]hen an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Code Civ. Proc., ; 1008, subd. (a).) A trial court has discretion with respect to granting a motion for reconsideration. ( New York Times Co. v. Superior Court , supra , 135 Cal.App.4th 206, 212.)

Evidence in Support of the Motion

On December 1, 2023, Defendant Naos served a deposition notice and subpoena to the address and medical office for Dr. Larsen as set forth in the newly augmented expert designation that Plaintiff filed and served in connection with his motion to augment. (Angelo Decl., ¶ 2, Exhibit B.) Dr. Larsen's contact information, according to the augmented expert designation, was Beach Cities Orthopedics and Sports Medicine, 400 South Sepulveda Boulevard, Suite 200, Manhattan Beach, CA 90266 (the "Manhattan Beach Address"). ( Id ., ¶ 2, Exhibit C.) On December 4, 2023, counsel's office received a diligence report from Nationwide processing service noting that they could not serve Dr. Larsen at the Manhattan Beach Address because the office does not accept subpoenas, and Nationwide was referred to a separate address located at 2990 Lomita Blvd., Torrance, CA (the "Torrance Address"). ( Id ., ¶ 3, Exhibit D.)

Counsel received a second diligence report from Nationwide indicating that the Torrance Address could not accept service because Dr. Larsen no longer worked there. ( Id ., ¶ 4, Exhibit D.) The diligence reports were then forwarded to Plaintiff's counsel. ( Id ., ¶ 5.) Counsel's declaration in support of the Motion then sets forth efforts to obtain the deposition of Dr. Larsen and obtain a W-9 for Dr. Larsen. ( Id ., ¶ ¶ 7-11.) Counsel states that Plaintiff's counsel, when informing him of a series of dates and times for Dr. Larsen to be deposed by Zoom, indicated that Dr. Larsen needed a check to be sent to him before the deposition at an address in the state of Washington. ( Id ., ¶ 7.) Counsel states that counsel and counsel's partner, Joshua Praw, sent e-mails to Plaintiff's counsel offering to depose Dr. Larsen on specified dates and inquiring about whether Plaintiff's counsel would accept service for Dr. Larsen who appeared beyond the reach of the subpoena power in the state of Washington. ( Id ., ¶ 8, Exhibit G.)

On reply, Defendants provide two exhibits attached to the declaration of counsel. Exhibit A is a copy of excerpts from the hearing on Plaintiff's motion to augment. (Angelo Reply Decl., ¶ 1, Exhibit A.) According to such excerpt, the Court stated that "[i]t seems in . . . some sense that it's better for all parties if the surgeon who's involved is the one who's there testifying." ( Id ., Exhibit A at 7:26-28.)

Exhibit B, which is attached to the reply declaration of counsel, is a copy of notes from a December 1, 2023 visit that Plaintiff had with Dr. Larsen which states, in part, that Dr. Larsen is leaving active medical practice, Dr. Larsen referred Plaintiff to Dr. Patel for surgery, "[i]f the patient is to improve he is can require surgery," and Dr. Larsen "will see [Plaintiff] back in the office on an as-needed basis." (Angelo Reply Decl., ¶ 2, Exhibit B.)

Evidence in Opposition to the Motion

In opposition to the Motion, Plaintiff's counsel, Scott D. Dinsmore ("Dinsmore"), declares that he provided Defendants with Dr. Larsen's W-9 on December 14, 2023, and Defendants took Dr. Larsen's deposition on December 22, 2023. (Dinsmore Decl., ¶ ¶ 3-4.) Dinsmore argues that the instant motion for reconsideration is moot. ( Id ., ¶ 5.)

In support of the Motion, Defendants provide a citation only to Code Civ. Proc. ; 2034.620(d) which states that "[l]eave to augment or amend is conditioned on the moving party making the expert available immediately for deposition." It is undisputed that Dr. Larsen has been deposed.

As to Defendants' argument that the Court stated that "[i]t seems in . . . some sense that it's better for all parties if the surgeon who's involved is the one who's there testifying" (Angelo Reply Decl., Exhibit A at 7:26-28), the Court notes that trial is less than three weeks away and there is no indication from the papers that Plaintiff will be undergoing any surgery by Dr. Patel or any other medical provider.

Moreover, as to Defendants' argument that Dr. Larsen has moved out of state and is no longer employed by Beach Cities Orthopedics and Sports Medicine, Defendants provide no legal authority to support the proposition that such facts warrant reconsideration of this Court's November 29, 2023 order. Further, Defendants have not stated via a declaration that Dr. Larsen will not be testifying at trial or is otherwise unavailable to testify at trial. [1] Thus, without any applicable legal authority to illuminate the relevance of such purported new facts, the Court does not see such facts as a basis to warrant reconsideration. (See Moulton Niguel Water Dist. v. Colombo (2003) 111 Cal.App.4th 1210, 1215.)

Additionally, the crux of the Motion is that "Plaintiff . . . . failed to make Dr. Larsen immediately available for deposition . . . and . . . stifled Defendants attempts to obtain the deposition testimony of Dr. Larsen" and "[t]hese new facts or different circumstances justify a reconsideration of the Court's order granting Plaintiff leave to augment his witness list." (Motion, 7:24-28.) The deposition of Dr. Larsen has occurred and, as such, the primary basis for the Motion is no longer present.

The Court therefore DENIES Defendants' motion for reconsideration of the Court's order granting Plaintiff's motion to allow Plaintiff to augment his expert list.

IV. CONCLUSION

The Court DENIES Defendants' motion for reconsideration of the Court's order granting Plaintiff's motion to allow Plaintiff to augment his expert list.

Moving party is ordered to give notice.

Dated this 29th day of January 2024

[1] Similarly, Defendants have only presented mere argument-and not facts-indicating reasonable diligence as to learning that Dr. Larsen moved out of state and is no longer employed by Beach City Orthopedics and Sports Medicine. "In law and motion practice, factual evidence is supplied to the court by way of declarations." ( Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 224.) Neither the moving nor reply declaration of Defendants' counsel, Lisa D. Angelo, indicates any reason as to why the purported residence of Dr. Larsen and his employment status with Beach City Orthopedics and Sports Medicine could not have been presented at the hearing on Plaintiff's motion to augment.

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naos yachts inc

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Naos is a custom sailing yacht launched in 1992 by CCYD.

Naos measures 32.15 metres in length, with a max draft of 3.60 metres and a beam of 6.95 metres.

Naos has an aluminium hull with an aluminium superstructure.

Her interior design is by Winch Design.

Naos also features naval architecture by Ron Holland Design.

Performance and Capabilities

Naos has a top speed of 12 knots. She is powered by a single screw propulsion system.

Naos has a fuel capacity of 10,000 litres, and a water capacity of 6,000 litres.

She also has a range of 2,500 nautical miles.

Accommodation

Naos accommodates up to 6 guests . She also houses room for up to 4 crew members.

  • Yacht Builder CCYD No profile available
  • Naval Architect Ron Holland Design No profile available
  • Exterior Designer Ron Holland Design No profile available
  • Interior Designer Winch Design View profile

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