Judge: Jon R. Takasugi, Case: 21STCV23627, Date: 2023-03-01 Tentative Ruling

Case Number: 21STCV23627    Hearing Date: March 1, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Cross-Defendant Ali Reza Sabzi’s motions to have his RFAs deemed admitted are GRANTED. Monetary sanctions are awarded in the amounts 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, Cross-Defendant Ali Reza Sabzi moves to have his requests for admissions (RFAs) deemed admitted.

            The motions are unopposed.

Discussion

I.                   Reliant Motor Group (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.             Gille Enterprises

Sabzi moves to have his RFAs deemed admitted as to Gille Enterprises.

On 9/2/2022, Sabzi served Gille Enterprises 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. Gille Enterprises is sanctioned, jointly and severally with counsel, $700.00. ($350/hr x 2 hr.)

It is so ordered.

Dated:  March    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING