Judge: Colin Leis, Case: BC700483, Date: 2024-12-18 Tentative Ruling

Case Number: BC700483    Hearing Date: December 18, 2024    Dept: 74

Nasser Sedaghat v. Tarzana Health and Rehab et al.

BACKGROUND 

            This case is a wrongful death and elder abuse suit brought by Nasser Sedaghat’s successor in interest (Plaintiff) against defendant Tarzana Health and Rehab, SSC Tarzana Operating Company, LP, Sava Seniorcare Administrative Services, LLC, Kamran Kamrava and Does 1-50.

Plaintiff Nasser Sedaghat’s Motion to Disqualify Counsel

Plaintiff moves to have attorney Stewart Levin disqualified as counsel.  On February 6, 2024, the court relieved Stewart Levin as counsel, who stated in open court that he did not intend to reappear in the case.  Accordingly, Plaintiff’s motion is moot.

Plaintiff shall give notice.

Plaintiff Nasser Sedaghat’s Motion to Impose and Enforce Costs on Appeal

In June 2023, Plaintiff successfully appealed from Department 34’s dismissal of his complaint. Following the reversal, the Court of Appeal remanded the case to the Superior Court and the case was reassigned to this department. In its remittitur returning the case to the Superior Court, the Court of Appeal awarded Plaintiff his costs on appeal. Plaintiff thereafter filed his memorandum of costs on September 7, 2023.

Plaintiff’s memorandum of costs cites California Rule of Court, rule 8.278(d)(2) as authority for his recovery of costs on appeal. (See Mtn. Exh. B - Memorandum of Costs on Appeal.) That court rule applies to recovery of attorney’s fee to which Plaintiff as a non-attorney self-represented litigant is not entitled. Thus, the court awards Plaintiff zero-dollars for his costs on appeal.

Plaintiff shall give notice.