Judge: Kevin C. Brazile, Case: 22STCV21501, Date: 2023-07-12 Tentative Ruling

Hearing Date: November 8, 2023

Case Name: Zarabian v. Willwerth, et al.

Case No.: 20STCV29052

Matter: Motion to Compel 

Moving Party: Plaintiff Babak Zarabian 

Responding Party: Defendant Zanna USA 2SB Holdings, Inc.

Notice: OK

Ruling: The Motion is denied, but the Court awards $1,000 in sanctions.

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. 

This is an action in which Plaintiff Babak Zarabian alleges the Defendants cut him out of a partnership deal relating to the “Zanna” family of corporate entities.    

On May 24, 2023, Plaintiff sought to compel further responses and documents with respect to his requests for production in connection with the depositions of Defendants Zanna USA 2SB Holdings, Inc. and Zanna USA 3 Holdings, Inc.  

The Court ruled as follows: “The Motion is granted as to request nos. 1-12 and 15 because these requests merely seek documents identifying certain shareholders, managers, and banks for Defendants.  These requests also seek the total number of shareholders for Defendants and documents relating to their investments, as well as profit and loss statements.  Most of this is not private information.  In any case, this information is directly relevant to identifying witnesses and establishing damages.  If there are certain documents that do not exist, then an appropriate response should be provided.  The Motion is denied as to request nos. 13-14, which encompass documents subject to the taxpayer privilege.”

Plaintiff seeks to again compel responses from Defendant Zanna USA 2SB Holdings, Inc. to the above discovery, contending that insufficient responses were again provided.

With its Opposition, Defendant served supplemental responses to the subject discovery.

The Court has reviewed the supplemental responses and finds them sufficient.  There are either direct responses or an assertion that certain documents never existed.  

Therefore, the Motion to Compel is denied as moot.

Because responses were served only with the Opposition, the Court awards sanctions in the reduced amount of $800.

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.