Judge: H. Jay Ford, III, Case: 22SMCV01647, Date: 2025-02-25 Tentative Ruling

Case Number: 22SMCV01647    Hearing Date: February 25, 2025    Dept: O

2-25-25 22SMCV01647  Hanna Motion to compel “Further Responses” (to Requests for Admission)  - DENIED

Bishoy Hanna's Motion to Compel “Further Responses” as to NDM Enterprise and Defendant Bijan Zadeh is DENIED. On December 6, 2024 Defendant Bishoy Hanna ("Hanna") filed a motion to compel “further responses.” The notice requested further response to unidentified “interrogatories and production of documents.” The memorandum references inadequate responses to requests for admission. The memorandum references a “separate statement filed herewith.”  No separate statement was filed with the motion or otherwise attached.  The motion was noticed for hearing on 3-20-25. (See 12-6-24 Motion To Compel Further Responses.) Hanna filed an ex parte requesting only that the Motion to Deem RFAs admitted be advanced, which was granted by the Court on 12-16-24, with the hearing set for 1-27-25 and then continued to 2-25-25. 2-25-25. (See minute order 1-27-25). Plaintiff/Defendant NDM Enterprise and Defendant Bijan Zadeh (collectively the "Opposing Parties") declare that they submitted responses to RFAs on 3-6-24, with the statutorily mandated 45 day period to file a motion to compel further RFAs expiring on 4-22-24. (Opposition filed 1-13-24, Segura Decl., ¶¶ 5–6; see CCP § 2033.290c [Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the response to the requests for admission"].) To the extent Hanna is seeking further responses to the the RFA, Hanna waived his right to seek further responses as 4-23-24 when the 45 day deadline expired. Hanna’s request to compel further responses to unidentified interrogatories or RPD is DENIED.

The Opposing Parties request for sanctions in the amount of $3,017.77 as to Hanna is GRANTED. NDM is to submit the proposed order.

2-25-25 22SMCV01647  Hanna Motion to Comple  Mogu Mogu to Serve Further Responses to Request for Production of Documents (RFP) - DENIED

Bishoy Hanna's Motion to Compel Further Responses to the RFP served on Defendant Mogu Mogu is DENIED. Plaintiff filed the motion on 1-16-25, after Defendant submitted RFP responses on 1-2-25. Plaintiff moves to compel further responses to RFPS Nos. 1, 2, 7, and 8 regarding the demand for of a certificate of occupancy and the names of the managers, and CEOs for Defendant. Plaintiff does not provide a separate statement pursuant to Rules of Court Rule 3.1345, fails to state specific facts justifying the discovery sought by the demand and how the discovery is relevant to the Complaint pursuant to CCP § 2031.310, nor provide an adequate meet and confer declaration pursuant to CCP § 2016.040. Plaintiff fails to meet the statutory requirements for a motion to compel further RFP responses. Thus, Plaintiff's Motion to Compel Further RFP Reponses is DENIED.