Judge: Daniel M. Crowley, Case: 22STCV24086, Date: 2023-05-22 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff at (213) 830-0771 before the set hearing time.  See, e.g., CRC Rule 324(b).   All parties are otherwise encouraged to appear by Court Call for all matters.


Case Number: 22STCV24086    Hearing Date: May 22, 2023    Dept: 71

Superior Court of California

County of Los Angeles

 

DEPARTMENT 71

 

TENTATIVE RULING

 

 

POURANDOKHT POURAT,

 

         vs.

 

SHAHRAM MOUSSAZADEH.

 Case No.:  22STCV24086

 

 

 

 Hearing Date:  May 22, 2023

 

Defendant Shahram Moussazadeh’s unopposed motion to compel Plaintiff Pourandokht Pourat’s responses to form interrogatories (Set One) is granted.  Plaintiff is ordered to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections in 30 days. Defendant Shahram Moussazadeh’s motion for sanctions is denied.

 

Defendant Shahram Moussazadeh’s unopposed motion to compel Plaintiff Pourandokht Pourat’s responses to form interrogatories (Set Two) is granted. Plaintiff is ordered to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections in 30 days.  Defendant Shahram Moussazadeh’s motion for sanctions is denied.

 

Defendant Shahram Moussazadeh’s unopposed motion to compel Plaintiff Pourandokht Pourat’s responses to special interrogatories (Set One) is granted. Plaintiff is ordered to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections in 30 days.  Defendant Shahram Moussazadeh’s motion for sanctions is denied.

 

Defendant Shahram Moussazadeh’s unopposed motion to deem Plaintiff Pourandokht Pourat’s admissions (Set One) admitted is granted. Defendant Shahram Moussazadeh’s motion for sanctions is denied.

 

          Defendant Shahram Moussazadeh (“Moussazadeh”) (“Defendant”) moves unopposed to compel pro per Plaintiff Pourandokht Pourat (“Pourat”) (“Plaintiff”) to respond to Form Interrogatories (“FROG”) (Set One).  (Notice of Motion FROG Set One, pg. 1; C.C.P §2030.290.)  Defendant also moves for monetary sanctions of $2,668.91 against Plaintiff and her attorney, F. Bari Nejadpour.[1]  (Notice of Motion FROG Set One, pg. 1.)

 

Defendant moves unopposed to compel pro per Plaintiff to respond to FROG (Set Two).  (Notice of Motion FROG Set Two, pg. 1; C.C.P §2030.290.)  Defendant also moves for monetary sanctions of $2,213.91 against Plaintiff and her attorney, F. Bari Nejadpour.  (Notice of Motion FROG Set Two, pg. 1.)

 

Defendant moves unopposed to compel pro per Plaintiff to respond to Special Interrogatories (“SROG”) (Set One).  (Notice of Motion SROG, pg. 1; C.C.P §2030.290.)  Defendant also moves for monetary sanctions of $2,993.91 against Plaintiff and her attorney, F. Bari Nejadpour.  (Notice of Motion SROG, pg. 1.)

 

Defendant moves unopposed to deem admitted against pro per Plaintiff Request for Admissions (“RFA”) (Set One).  (Notice of Motion RFA, pg. 1; C.C.P §2033.280(b).)  Defendant also moves for monetary sanctions of $2,993.91 against Plaintiff and her attorney, F. Bari Nejadpour.  (Notice of Motion RFA, pg. 1.)

 

1.     FROG (Set One)

 

Having reviewed Defendant’s unopposed Motion to Compel Responses to FROG (Set One), the Court rules as follows.

 

          On August 3, 2022, Defendant served FROG (Set One) on Plaintiff. Plaintiff’s response verified “the matters stated in the Complaint” on information and belief, purportedly signed on September 1, 2021.  (Decl. of Gentino ¶2, Exh. 2.)  Verified responses to the FROG were due December 2, 2022.  (Decl. of Gentino ¶3, Exh. 3.)  Plaintiff has failed to provide timely verified responses.  Defendant now moves to compel responses. 

 

          The Court grants the motion pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections by June 22, 2023.

         

Defendant requests monetary sanctions totaling $2,668.91. The Court declines to awards sanctions pursuant to C.C.P. §§2023.030(a), (c) because other circumstances make the imposition of the sanction unjust, considering Plaintiff’s counsel filed the initial unverified responses has since withdrawn from the case and Plaintiff is currently unrepresented.

 

Moving Party is to give notice of this ruling.

 

2.     FROG (Set Two)

 

Having reviewed Defendant’s unopposed Motion to Compel Responses to FROG (Set Two), the Court rules as follows.

 

          On November 4, 2022, Defendant served FROG (Set Two) on Plaintiff. Verified responses to the FROG were due December 14, 2022.  (Decl. of Gentino ¶2, Exh. 2.)  Plaintiff has failed to provide timely verified responses.  Defendant now moves to compel responses. 

 

          The Court grants the motion pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections by June 22, 2023.

         

Defendant requests monetary sanctions totaling $2,213.91. The Court declines to awards sanctions pursuant to C.C.P. §§2023.030(a), (c) because other circumstances make the imposition of the sanction unjust, considering Plaintiff’s counsel filed the initial unverified responses has since withdrawn from the case and Plaintiff is currently unrepresented.

 

Moving Party is to give notice of this ruling.

 

3.     SROG (Set One)

 

Having reviewed Defendant’s unopposed Motion to Compel Responses to SROG (Set One), the Court rules as follows.

 

          On August 3, 2022, Defendant served SROG (Set One) on Plaintiff. Verified responses to the SROG were due September 16, 2022.  (Decl. of Gentino ¶2, Exh. 2.)  Plaintiff has failed to provide timely verified responses.  Defendant now moves to compel responses. 

 

          The Court grants the motion pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections by June 22, 2023.

         

Defendant requests monetary sanctions totaling $2,993.91. The Court declines to awards sanctions pursuant to C.C.P. §§2023.030(a), (c) because other circumstances make the imposition of the sanction unjust, considering Plaintiff’s counsel filed the initial unverified responses has since withdrawn from the case and Plaintiff is currently unrepresented.

 

Moving Party is to give notice of this ruling.

 

4.     RFA (Set One)

 

Having reviewed Defendant’s unopposed Motion to Deem RFA (Set One) Admitted, the Court rules as follows.

 

On August 3, 2022, Defendant served RFA (Set One) on Plaintiff.  Plaintiff’s response verified “the matters stated in the Complaint” on information and belief, purportedly signed on September 1, 2021.  (Decl. of Gentino ¶2, Exh. 2.)  Verified responses to the RFA were due December 2, 2022.  (Decl. of Gentino ¶3, Exh. 3.)  Plaintiff has failed to provide timely verified responses.  Defendant now moves the Court to deem the requests for admission admitted. 

 

The Court grants the motion pursuant to C.C.P. §2033.280 and deems the requests to be admitted.

 

Defendant requests monetary sanctions totaling $2,993.91.  The Court declines to awards sanctions pursuant to C.C.P. §§2023.030(a), 2033.280(c) because other circumstances make the imposition of the sanction unjust, considering Plaintiff’s counsel filed the initial unverified responses has since withdrawn from the case and Plaintiff is currently unrepresented.

 

Moving Party is to give notice of this ruling.

 

          Conclusion

 

Defendant Shahram Moussazadeh’s unopposed motion to compel Plaintiff Pourandokht Pourat’s responses to form interrogatories (Set One) is granted.  Plaintiff is ordered to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections in 30 days.

 

Defendant Shahram Moussazadeh’s unopposed motion to compel Plaintiff Pourandokht Pourat’s responses to form interrogatories (Set Two) is granted. Plaintiff is ordered to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections in 30 days. 

 

Defendant Shahram Moussazadeh’s unopposed motion to compel Plaintiff Pourandokht Pourat’s responses to special interrogatories (Set One) is granted. Plaintiff is ordered to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections in 30 days. 

 

Defendant Shahram Moussazadeh’s unopposed motion to deem Plaintiff Pourandokht Pourat’s admissions (Set One) admitted is granted.

 

Defendant Shahram Moussazadeh’s requests for sanctions are denied.

 

Dated:  May _____, 2023

                                                                                                                                                

Hon. Daniel M. Crowley

Judge of the Superior Court

 

 

 



[1] F. Bari Nejadpour has withdrawn from representing Plaintiff in this action and is no longer in this case.  (1/25/23 Notice of Withdrawal.)