Judge: Martha K. Gooding, Case: 2021-01185396, Date: 2022-09-12 Tentative Ruling

Motion to Compel Production

The Court GRANTS the unopposed Motion by Plaintiff Afsaneh Javahery (“Plaintiff”) to compel compliance by Defendant Nasser Ghodsifar (“Defendant”) with Requests for Production of Documents, Set One, Nos. 10, 11, 12, 14, 15, 20, and 21.

Defendant is ordered to conduct a reasonable and diligent search and then provide all responsive documents to these requests within 10 days.

Defendant is further ordered to pay Plaintiff $525 in sanctions within 30 days.

If the responding party fails to permit inspection in accordance with its agreement to comply with an inspection demand, the demanding party's remedy is to file a motion compelling compliance. [CCP § 2031.320] There is no fixed time limit on this motion, and no “attempt to resolve informally” need be shown. All that has to be shown is the responding party’s failure to comply as agreed. [CCP § 2031.320(a); see Standon Co., Inc. v. Sup.Ct. (Kim) (1990) 225 CA3d 898, 903.]

Here, Plaintiff asks the Court to compel compliance in accordance with Section 2031.320. Plaintiff’s Counsel testifies that defense counsel acknowledged that further responsive documents exist and needed to be produced. (Tokar Decl., ¶¶8-11.) The outstanding documents include the financials of the Shortboard Café when run by Defendant, including all evidence of the business income and profits. Defendant produced an excel spreadsheet with financial information but Plaintiff is entitled to the original documents from which the data was pulled.

Defendant chose not to oppose this Motion and has given no indication (including in his responses) that after a reasonable and diligent search all responsive documents were provided.

Thus, the Motion is GRANTED and Defendant is ordered to pay Plaintiff $525.00 in sanctions within 30 days.

Plaintiff is ordered to give notice.