Judge: Kevin C. Brazile, Case: 21STCV32408, Date: 2022-11-07 Tentative Ruling

Hearing Date: November 7, 2022

Case Name: Heidari Law Group, P.C. v. Najafi

Case No.: 21STCV23966

Matter: Motion for Sanctions.

Moving Party: Nina Najafi

Responding Party: Heidari Law Group, P.C. and Saman Ryan Heidari

Notice: OK

Ruling: The Motion is granted in part.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On June 29, 2021, Plaintiff Heidari Law Group, P.C. (“HLG”) filed the operative Complaint against Defendant Nina Najafi for (1) breach of contract and (2) declaratory relief.  HLG alleges that it was counsel for Najafi in a lawsuit relating to an automobile collision (“Underlying Action”) and that Najafi—after obtaining new counsel—failed to pay a portion of her settlement proceeds to HLG as required by their retainer agreement.

On May 16, 2022, Nina Najafi filed the Second Amended Cross-Complaint (“SACC”) against HLG and Saman Ryan Heidari for (1) legal malpractice, (2) breach of fiduciary duty, and (3) fraud.  Najafi alleges that Cross-Defendants bungled her settlement.

Najafi now moves for terminating, issue, or monetary sanctions against HLG and Heidari because Heidari has refused to appear for a deposition despite the Court ordering such twice.

On both March 2, 2022, and June 17, 2022, the Court ordered that Heidari’s deposition take place. 

Heidari argues he could not attend his deposition because he was busy with trials in other matters.  Heidari contends he is willing to attend his deposition.

If Heidari could not schedule his deposition within the timeframe ordered by the Court, it was Heidari’s obligation to enter into a stipulation with Najafi or else come before this Court to inform it of Heidari’s inability to comply.  Heidari chose to act on his own schedule.

The Court concludes that it will impose reduced monetary sanctions in the amount of $3,000.  The Court further orders that Heidari’s deposition is to take place within thirty days.  If it does not, the Court will set an OSC re: terminating sanctions.  

The Motion is granted in part as set forth herein.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.