Judge: Maurice A. Leiter, Case: 19STCV15091, Date: 2023-02-10 Tentative Ruling

Case Number: 19STCV15091    Hearing Date: February 10, 2023    Dept: 54

Hearing Date: February 10, 2023

Department 54, Judge Maurice A. Leiter

Plaintiff Amad Keliddari’s Motion to Compel the Deposition of Defendant Siavosh Khajavi

T/R:     PLAINTIFF’S MOTION TO COMPEL THE DEPOSITION IS DENIED AS MOOT. PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS IS GRANTED IN PART. PLAINTIFF’S REQUEST FOR SANCTIONS IS DENIED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

            The Court considers the moving papers, opposition, and reply.

“If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”  (CCP § 2025.450, subd. (a).)

            Plaintiff moves to compel the deposition of Siavosh Khajavi. Defendant Khajavi represents that he has agreed to be deposed on February 1, 2023, rendering the motion moot. In reply, Plaintiff provides dates for deposition and asserts Defendant must come prepared to provide available dates.

            At the February 2, 2023 hearing on this motion the Court ordered the parties to meet and confer to schedule the deposition and to resolve the document issues. After meeting and conferring the parties agreed that the deposition will proceed on February 24, 2023. The portion of the motion seeking to compel the now-scheduled deposition is denied as moot.

            The parties continue to bicker over the documents requested for the deposition. Defendant shall produce all nonprivileged documents responsive to requests 2, 3, 4, 8, and 9. To the extent Defendant claims any responsive documents are privileged, Defendant must provide a legally-compliant privilege log. To the extent Defendant claims there are no documents responsive to a request, Defendant shall say so in a verified written response.

            All responsive documents, verified responses to the requests, and any privilege log shall be delivered to Plaintiff’s counsel by hand delivery (or such other method as the parties may agree) no later than 5:00 pm February 22, 2023.

            Plaintiff’s request to compel compliance with Request 15 is denied. Plaintiff has not shown that this request is appropriate in this context.

            Plaintiff’s request for sanctions is denied.