Superior Court of California

County of Los Angeles

North Central District

Department B

kababe, inc.,

Plaintiff,

marilyn karmazyn, et al.,

Defendants.

Case No.: 23BBCV00770

Hearing Date: February 2, 2024

[TENTATIVE] order RE:

motions to compel

BACKGROUND

A. Allegations

Plaintiff Kababe, Inc. (“Plaintiff” or “Kababe”) alleges that Defendant International Real Estate Holdings, LLC (“IREH”) owned real property located at 2320 W. Victory Blvd., Burbank, CA 91506 and that Defendant Marilyn Karmazyn (“Karmazyn”) leased the property where she operated Defendant Blazin’ Burgers LLC (“Blazin’ Burgers”). Plaintiff alleges that Karmazyn added a drive-through to the property at some point during her tenancy. In 2022, IREH and/or Karmazyn retained Defendants Zoom Business Brokers (“Zoom”) and Defendant Joseph Khoury (“Khoury”) to sell Blazin’ Burgers and find a new tenant to lease the property, or to sell the property to a third party.

In October 2022, the Burbank City Council voted to enact a moratorium on all drive-through restaurants. (See Compl., ¶¶13-18.) In October 2022, Khoury called the City of Burbank to inquire about the moratorium’s impact on the property. Plaintiff alleges that despite the moratorium, Khoury and Zoom improperly listed the property and business for sale as an existing drive-through restaurant that could be permitted for a new restaurant. Plaintiff alleges that the listing falsely advertised that the property and business benefitted from an existing drive-through that could be sold and transferred to a new owner operating a new and different restaurant, but contrary to the representations, the drive-through could only be used if the business did not make any changes to the operating name, menu, hours, or physical appearance to the property.

Plaintiff alleges that in December 2022, Khoury brokered a deal to sell the drive-through business to Plaintiff and lease the property to Plaintiff, knowing that Plaintiff wanted to change the use of the property from Blazin’ Burgers into a kabab restaurant with a different name and menu. Plaintiff alleges that on November 19, 2022, Plaintiff and Karmazyn signed a written Purchase Agreement for Business Assets from Karmazyn/Blazin’ Burgers for $80,000. Plaintiff alleges that in December 2023, it attempted to get a permit to operate the replacement restaurant at the property, but was informed for the first time that the moratorium would not allow it to make any changes to the business or get permits for the restaurant. Plaintiff demands mediation in attempts to cancel the Purchase Agreement and Lease.

The complaint, filed April 7, 2023, alleges causes of action for: (1) appointment of mediator; (2) breach of written contract; (3) negligence/negligent misrepresentation; (4) fraud; (5) cancellation of instrument; and (6) declaratory relief.

B. Cross-Complaints

On May 15, 2023, Zoom Business Brokers filed a cross-complaint against Kababe and Arouti Agoupi for: (1) breach of contract; and (2) breach of the implied covenant of good faith and fair dealing.

On May 24, 2023, International Real Estate Holdings, LLC filed a cross-complaint against Kababe and Arouti Agoupi for: (1) breach of contract; and (2) breach of the implied covenant of good faith and fair dealing.

C. Motions on Calendar

On November 30, 2023, Plaintiff filed a single motion to compel: (1) the deposition of the person most knowledgeable (“PMK”) for Blazin’ Burgers LLC; (2) the deposition of Marilyn Karmazyn; (3) responses to Form Interrogatories (“FROG”) from Karmazyn; and (4) responses to Requests for Production of Documents (“RPD”) from Karmazyn.

On January 3, 2024, Defendants Karmazyn and Blazin’ Burgers filed a limited opposition requesting the postponement of the motion.

On January 10, 2024, Plaintiff filed a reply brief.

The matter initially came for hearing on January 19, 2024. The Court heard the motion to compel the depositions, but continued the hearing on the motions to compel responses to February 2, 2024 so that Plaintiff could pay the filing fees for these additional discovery motions.

DISCUSSION

Plaintiff moves to compel Karmazyan’s responses to the FROG and RPD.

On September 14, 2023, Plaintiff served on Karmazyan the discovery requests. (Mot., Ex. D [FROG], Ex. E [RPD].) Plaintiff argues that Defendants served one improperly formatted joint objection, entitled “Objection to Written Discovery and Notice of Deposition of the Person Most Knowledgeable for Blazin’ Burgers LLC,” and did not include a list of objections to any specific interrogatory or RPD. (Mot., Ex. G.) The objection is two-pages in length and largely addresses the PMK deposition only, but not the FROG and RPD requests. Plaintiff argues that Defendant’s general objections failed to identify any FROG or RPD numbers and were procedurally improper. As of the filing of the motions, Plaintiff has not received initial responses from Karmazyan.

In opposition, Karmazyan’s prior counsel argues that the motions should be continued since counsel is seeking withdrawal. There are no substantive arguments in the opposition brief. On January 19, 2024, Karmazyan’s prior counsel was relieved as counsel, such that Karmazyan is now a self-represented litigant.

Plaintiff’s motions to compel responses to the FROG and RPD are granted pursuant to CCP §§ 2030.290 and 2031.300. Karmazyan is ordered to provide verified responses to Plaintiff’s discovery requests, without objections, within 20 days of notice of this order.

Plaintiff requests sanctions in connection with the motion. The Court will award Plaintiff $1,000 in attorney’s fees and $120 in filing fees for sanctions on this motion.

CONCLUSION AND ORDER

Plaintiff Kababe, Inc.’s motion to compel Defendant Marilyn Karmazyn’s initial responses to the FROG and RPD is granted. Defendant is ordered to provide verified responses to Plaintiff’s discovery requests, without objections, within 20 days of notice of this order. Defendant is ordered to pay monetary sanctions in the amount of $1,120 to Plaintiff, by and through counsel, within 20 days of notice of this order.

Plaintiff shall provide notice of this order.

DATED: February 2, 2024 ___________________________

John J. Kralik

Judge of the Superior Court