Judge: Jon R. Takasugi, Case: 21STCV23627, Date: 2023-02-06 Tentative Ruling
Case Number: 21STCV23627 Hearing Date: February 6, 2023 Dept: 17
County of Los Angeles
DEPARTMENT 17
TENTATIVE RULING
| FARBOD SADEGH vs. RELIANT MOTOR GROUP, LLC | Case No.: 21STCV23627 Hearing Date: February 6, 2023 |
Cross-Defendant Sabzi’s and Plaintiff’s discovery motions are GRANTED consistent with the ruling set forth below.
On 6/25/2021, Plaintiff Farbod Sadegh (Plaintiff) filed suit against Reliant Motor Group, LLC (Reliant), Joshua Gille, Gille Enterprises, and Mark Kim, alleging: (1) breach of fiduciary duty; (2) wrongful discharge in violation of public policy; (3) breach of operating agreement; (4) retaliation; (5) violation of California Labor Code section 1198.5(b); (6) violation of California Corporations Codes section 17704.10(a); (7) violation of California Corporations Codes section 17704.10(b); and (8) violation of California Corporations Codes section 17704.10(d)
On 10/19/2021, Reliant Motor Group, LLC, Gille Enterprises, and Mark Kim (Cross-Complainants) filed a first amended cross-complaint (FAXC) against Farbod Sadegh, Mohammad Reza Sabzi, Helen Mohsenzadeh, Ali Reza Sabzi, alleging: (1) breach of fiduciary duty; (2) conversion; (3) trespass to chattels; (4) violation of Penal Code section 496; (5) constructive trust; and (6) civil conspiracy.
Now, Plaintiff and Cross-Defendant Sabzi move separately to compel initial discovery responses. The Court addresses the motions in turn.
Discussion
Cross-Defendant Ali Reza Sabzi’s Motions to Compel
I. Mark Kim (Kim)
Sabzi moves to compel initial responses from Kim to his Form Interrogatories and Demands for Production.
The discovery was served on Kim on 9/2/2022. To date, no responses have been provided and Kim did not oppose this motion.
Based on the foregoing, Sabzi’s motion to compel is granted. Kim is sanctioned, jointly and severally with counsel, $700.00 ($350/hr x 2 hr.)
II. Gille Enterprises (GE)
Sabzi moves to compel initial responses from (GE) to his Form Interrogatories and Demands for Production.
The discovery was served on GE on 9/2/2022. To date, no responses have been provided and GE did not oppose this motion.
Based on the foregoing, Sabzi’s motion to compel is granted. GE is sanctioned, jointly and severally with counsel. $700.00 ($350/hr x 2 hr.)
III. Reliant Motor Group (RMG)
Sabzi moves to compel initial responses from (RMG) to his Form Interrogatories and Demands for Production.
The discovery was served on RMG on 9/2/2022. To date, no responses have been provided and RMG did not oppose this motion.
Based on the foregoing, Sabzi’s motion to compel is granted. RMG is sanctioned, jointly and severally with counsel. $700.00 ($350/hr x 2 hr.)
Cross-Defendant Ali Reza Sabzi’s Requests for Admission (RFAs)
I. RMG
Sabzi moves to have his RFAs deemed admitted as to RMG.
On 9/2/2022, Sabzi served RMG with RFAs. To date, no responses have been provided, and RMG did not oppose the motion.
Based on the foregoing, Sabzi’s motion to have his RFAs deemed admitted is granted. RMG is sanctioned, jointly and severally with counsel, $700.00. ($350/hr x 2 hr.)
II. Kim
Sabzi moves to have his RFAs deemed admitted as to Kim.
On 9/2/2022, Sabzi served Kim with RFAs. To date, no responses have been provided, and Kim did not oppose the motion.
Based on the foregoing, Sabzi’s motion to have his RFAs deemed admitted is granted. Kim is sanctioned, jointly and severally with counsel, $700.00. ($350/hr x 2 hr.)
III. GE
Sabzi moves to have his RFAs deemed admitted as to GE.
On 9/2/2022, Sabzi served GE with RFAs. To date, no responses have been provided, and GE did not oppose the motion.
Based on the foregoing, Sabzi’s motion to have his RFAs deemed admitted is granted. GE is sanctioned, jointly and severally with counsel, $700.00. ($350/hr x 2 hr.)
Plaintiff Sadegh’s Motions to Compel
Plaintiff moves to compel initial responses to his Subpoena from Reliant Glass Company, Joshua Gille, Gille Enterprises, Car Masters Collison, Mark Kim, and Lee & Lim Corporation.
Plaintiff served the six parties with the subject Subpoena on 9/22/2022. As such, a response was due on or before 10/11/2022. To date, no responses have been received and no oppositions were filed.
Based on the foregoing, Plaintiffs’ motion to compel are granted. Defendants are each sanctioned, jointly and severally with counsel, $700.00 ($350/hr x 2 hr.)
It is so ordered.
Dated: February , 2023
Hon. Jon R. Takasugi
Judge of the Superior Court
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