Judge: Maurice A. Leiter, Case: 20STCV19934, Date: 2023-02-02 Tentative Ruling

Case Number: 20STCV19934    Hearing Date: February 2, 2023    Dept: 54

Hearing Date: February 2, 2023

Department 54, Judge Maurice A. Leiter

Motion to Compel Compliance

Moving Party: Plaintiff/Cross-Defendant Khaled J. Al-Sabah

Responding Party: None

T/R:    PLAINTIFF’S MOTION TO COMPEL COMPLIANCE IS GRANTED.

DEFENDANT TO SERVE RESPONSIVE DOCUMENTS WITHIN 15 DAYS OF NOTICE OF RULING.

PLAINTIFF’S REQUEST FOR SANCTIONS IS GRANTED.

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. No opposition has been received.

            BACKGROUND

            On July 15, 2020, Plaintiff Khaled J. Al-Sabah filed the operative first amended complaint against Defendants Michael Edward Bass, Ronald Richards and Usman Shaikh, asserting causes of action for breach of fiduciary duty, breach of contract, theft, money had and received, conversion and accounting. Al-Sabah alleges that Bass was to be Al-Sabah’s “representative” in the US. Al-Sabah alleges he wired Bass $2.5 million to hire attorney Defendant Shaikh to represent Al-Sabah in an unrelated embezzlement lawsuit. Al-Sabah alleges that Bass kept $2 million of his money.

            On November 18, 2020, Bass filed a cross-complaint against Al-Sabah, asserting causes of action for (1) breach of contract; (2) fraud; (3) UCL violations; (4) unjust enrichment; (5) money had and received; (6) open book account; and (7) breach of the implied covenant of good faith and fair dealing. After two demurrers, Bass filed the opertavtive second amended cross-complaint asserting causes of action for (1) breach of contract; (2) fraud; (3) breach of the implied covenant of good faith and fair dealing; (4) UCL Violations; (5) civil conspiracy; (6) tortious interference; (7) conversion; (8) unjust enrichment; and (9) open book account.

Bass alleges Al-Sabah engaged Bass as his “representative” in US for $5 million dollars. Bass alleges that he was also “induced” to “forgo legal claims” worth $10 million against third-party Victor Noval. Bass alleges Al-Sabah has failed to pay him $5 million.

ANALYSIS

CCP § 2031.320(a) provides “[i]f a party filing a response to a demand for inspection, copying, testing, or sampling.¿.¿. thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.”

Plaintiff moves to compel compliance to RPDs, set two, with Defendant’s statement of compliance served on September 5, 2022. Plaintiff asserts that Defendant has refused to produce documents. Defendant has not opposed this motion to show document have or will be served. Defendant must comply with the statement of compliance.

Plaintiffs’ motion is GRANTED. Plaintiff’s request for sanctions is GRANTED, payable within 30 days.