Judge: Joseph Lipner, Case: 23STCV16017, Date: 2024-12-17 Tentative Ruling

Case Number: 23STCV16017    Hearing Date: December 17, 2024    Dept: 72

 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

 

DEPARTMENT 72

 

TENTATIVE RULING

 

GEORGE RAHME,

 

                                  Plaintiff,

 

         v.

 

 

THE BICYCLE CASINO, L.P., et al.,

 

                                  Defendants.

        

 Case No:  23STCV16017

 

 

 

 

 

 Hearing Date:  December 17, 2024

 Calendar Number:  5

 

 

 

Plaintiff George Rahme (“Plaintiff”) moves to compel certain discovery.  Defendant TBC (“TBC”) and Hashem Minaiy (“Minaiy”) oppose.  The Court rules as follows with respect to each motion.

 

Motions to Compel Documents and Interrogatory Responses

 

Plaintiff moves (a) to compel TBC to provide further responses, without objection, to form interrogatories-employment law (Set One); (b) to compel TBC to provide further responses, without objection, to request for production of documents (Set One); (c) to compel Minaiy to provide further responses, without objection, to form interrogatories-employment law (Set One); (d) to compel Minaiy to produce responsive documents, including attorney client privileged communications; (e) to compel Minaiy to provide further responses, without objection to requests for production of documents (Set One); (f) to compel TBC to provide further responses, without objection, to form interrogatories-General; (g) to compel TBC to provide further responses, without object, to form interrogatories-general.

 

The Court DENIES these motions.  TBC and Minaiy have served supplemental responses, mooting these motions.  Moreover, Plaintiff has not supported his argument that failure to timely respond to supplemental discovery waives all objections. This is particularly true where the party who missed the deadline is claiming that happened because of an emergency.

 

The Court GRANTS Plaintiff’s request for sanctions as follows. TBC shall within 30 days pay $2,000 to Plaintiff’s counsel.  Minaiy shall within 30 days pay an additional $2,000 to Plaintiff’s counsel.  Filing these motions appear to have been necessary to obtain compliance with the supplemental discovery request. The Court would have dispensed with any sanctions had TBC and Minaiy demonstrated an emergency and a prompt supplemental response to the discovery requests.  TBC and Minaiy, however, waited months before providing supplemental responses.

 

Motion to Compel TBC’s Person Most Knowledgeable

 

Plaintiff has filed a motion to compel TBC’s person most knowledgeable.  The Court GRANTS Plaintiff’s motion in part as follows.  The deposition must continue within the next 30 days.  Plaintiff is entitled to answers about whether Parkwest took over the liability of TBC.  In addition, TBC shall within the next 30 days pay attorney’s fees directly to Plaintiff’s counsel in the amount of $1,000.

 

TBC’s Protective Order Motion

 The Court DENIES TBC’s motion for a protective order.  TBC’s complaints about hypotheticals are not grounds to refuse to allow an answer to questions. Nor has TBC provided any other ground for a protective order.