Judge: Robert B. Broadbelt, Case: 20STCV14015, Date: 2023-08-16 Tentative Ruling

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Case Number: 20STCV14015    Hearing Date: October 26, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi

RESPONDING PARTY:       Defendant Persian-American Adult Day Health Care Center, Inc., d/b/a Forever Young Adult Day Health Care Center

Motion to Compel Further Responses to Requests for Admission or, Alternatively, Form Interrogatories

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi (“Plaintiffs”) move the court for an order (1) compelling defendant Persian-American Adult Day Health Care Center, Inc., d/b/a Forever Young Adult Day Health Care Center (“Defendant”) to provide further responses to Plaintiffs’ Requests for Admission, Set Two, numbers 61-70, 74, 76-78, 80-87, 91-97, 99-100, 102, 105, 107-113, 115, and 117-121 or, alternatively, to provide further responses to Form Interrogatory number 17.1, and (2) awarding sanctions in favor of Plaintiffs and against Defendant in the amount of $1,110. 

The court grants Plaintiffs’ motion to compel Defendant’s further responses to Plaintiffs’ Requests for Admissions, numbers 61-68, 74, 80, 86, 111, 115, 118, and 120-121 because the answers to those requests are evasive and incomplete.  (Code Civ. Proc., § 2033.290, subd. (a)(1).)  

The court denies Plaintiffs’ motion to compel Defendant’s further responses to Plaintiffs’ Requests for Admissions, numbers 69-70, 76-78, 81-85, 87, 91-97, 99-100, 102, 105, 107-110, 112-113, 117, and 119 because the answers to those requests are not evasive or incomplete.  (Code Civ. Proc., § 2033.290, subd. (a)(1).)

The court denies Plaintiffs’ alternative request that the court compel further responses to Form Interrogatories, Set Two, number 17.1 as an improper attempt to combine two motions to compel further responses to two sets of discovery in one motion.

In light of the mixed results of the court’s ruling on this motion, the court finds that the circumstances presented would make the imposition of sanctions unjust and therefore denies Plaintiffs’ request for monetary sanctions against Defendant.

ORDER

            The court grants in part plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi’s motion to compel further responses to requests for admission or, alternatively, form interrogatories, as follows.

            Pursuant to Code of Civil Procedure section 2033.290, the court orders defendant Persian-American Adult Day Health Care Center, Inc., d/b/a Forever Young Adult Day Health Care Center to serve further, full and complete answers to plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi’s Requests for Admissions, numbers 61-68, 74, 80, 86, 111, 115, 118, and 120-121, which comply with Code of Civil Procedure sections 2033.210-2033.220, and 2033.240, within 20 days of the date of this order.

            The court denies all other requests for relief, including the request for monetary sanctions, made in plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi’s motion.

            The court orders plaintiffs Kazem Sanikhatam, by and through his successor-in-interest Mitra Azizi, and Mitra Azizi to give notice of this ruling.

IT IS SO ORDERED.

DATED:  October 26, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court