Judge: Daniel M. Crowley, Case: 19STCV35151, Date: 2023-03-06 Tentative Ruling

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Case Number: 19STCV35151    Hearing Date: March 6, 2023    Dept: 28

Khoshavaz v. Uber

19STCV35151

Background

Plaintiff, Rahimi Koshavaz, sues Defendants, Uber Technologies, Inc, Rasier, LLC, Rasier-CA, LLC, Ipo Painter, Chris Solidum, and Oberly Solidum for injuries Plaintiffs arise out of a motor vehicle accident.  Plaintiff Maryan Gharani claims a loss of consortium arising out of her husband’s injuries.  

Discussion

Defendant, Chris Solidum, moves for terminating sanctions based upon Plaintiff Maryam Gharani’s failure to comply with a court order compelling her to submit to a deposition.   According to his Notice of Motion for Terminating Sanctions, Defendant, Chris Solidum moves under Code of Civil Procedure section 2023.030, et seq. 

The Court finds that Plaintiff, Maryam Gharani, has failed to appear at 3 noticed depositions, the last having been court-ordered.  (November 10, 2022, February 2, 2023, and February 24, 2023).  The Court finds that her counsel has offered no excuse for her not appearing, except to argue that her failure to appear should not be held against counsel. (Declaration of Sam Heidari, Esq., ¶ 9.)  The Court notes that Plaintiff, Maryam Gharani, is divorcing Plaintiff, Rahimi Koshavaz (Declaration of Sam Heidari, Esq., ¶ 4), from which, along with her thrice failing to appear, the Court concludes that Plaintiff, Maryam Gharani’s failure to appear was willful, and that she is no longer interested in making a loss of consortium claim.   

In opposition to the motion, Plaintiff, Rahimi Koshavaz, requested that even if Plaintiff, Maryam Gharani’s  claim were dismissed, that he still be able to call her as a witness to his own damages.  The Court denies this request.  Mr. Koshavaz’ counsel has been unable to produce Ms. Gharani as a witness.  It would be unfair to the defendants to have to respond to Ms. Gharani’s testimony, on any topic, without being able to depose her. 

Conclusion

            The Court grants the motion for terminating sanctions pursuant to Code of Civil Procedure section 2023.030 (d)(3).  Plaintiff, Maryam Gharani’s complaint is dismissed with prejudice.  In addition, the Court orders Ms. Gharani to pay $1,700 in sanctions to Defendant Chris Solidum by April 6, 2023, pursuant to Code of Civil Procedure section 2023.030(a).  The Court also precludes Ms. Gharani from testifying at trial on any topic, pursuant to Code of Civil Procedure section 2023.030(c)