Judge: Elaine Lu, Case: 23STCV16123, Date: 2025-05-19 Tentative Ruling

Case Number: 23STCV16123    Hearing Date: May 19, 2025    Dept: 9

The Court has reviewed Plaintiffs’ Informal Discovery Conference Statement filed on 5/12/25.  Plaintiffs’ IDC statement indicates that none of the Defendants have responded to Plaintiffs’ Requests for Production of Documents, and Defendants Halmand Tabibzada and Shawn Helmandi have further failed to serve responses to the form interrogatories.  As Plaintiffs note, there is no dispute related to this written discovery as Defendants have failed to serve any response at all to the requests for production of documents, and Defendants Halmand Tabibzada and Shawn Helmandi have not responded to the form interrogatories.  There would be nothing for the parties to discuss with the Court at an informal discovery conference regarding this written discovery.  Plaintiffs should file forthwith motions to compel all Defendants to respond to the requests for production of documents and motions to compel Defendants Halmand Tabibzada and Shawn Helmandi to respond to the form interrogatories.

As to Plaintiffs’ request for a deadline for Defendants to provide their availability for depositions to be taken, the Court has no authority to impose any deadline in the absence of a motion to compel deposition.  Again, there would be nothing for the parties to discuss with the Court at an informal discovery conference regarding the depositions.  If Defendants fail to respond to Plaintiffs’ efforts made in good faith to find a mutually convenient date for each of the depositions, then Plaintiffs may have to simply unilaterally notice the depositions for a date certain, take a certificate of non-appearance if Defendants fail to appear for the properly noticed depositions, and move to compel the depositions after making a reasonable effort to inquire about the non-appearance. 

Due to the Court’s unavailability due to medical reasons (COVID), the IDC set for May 19, 2025 is TAKEN OFF CALENDAR.  Plaintiffs may simply proceed to file the motions to compel responses to requests for production and to form interrogatories.  In addition, if Defendants fail to appear for properly noticed depositions, Plaintiffs may file motions to compel the depositions.

The Court hereby reminds the parties that when a party has prepared the moving papers for any motion, the moving party must contact the Court Staff in Department 9 to obtain a hearing date and a briefing schedule before filing the moving papers.

The Court’s Judicial Assistant shall give notice to Plaintiffs.  Plaintiffs shall give notice of this order to all other parties and file proof of service of such.