Judge: Shirley K. Watkins, Case: 21STCV21242, Date: 2023-05-16 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 21STCV21242    Hearing Date: May 16, 2023    Dept: T

21STCV21242 JEFFREY MOHAMED ABED vs SHINGKEI THOMAS HO

TENTATIVE RULINGS:

Hearing on Motion for Order establishing defendant/cross-complainant Shingkei Thomas Ho's requests for admission, set one, to plaintiff Jeffrey Mohamed Abed admitted and for costs, including reasonable attorneys' fees: Grant. Request for Admissions are deemed admitted.  Monetary sanctions in the reasonable sum of $1,000 attorney fees plus $60 filing fees are granted against plaintiff Jeffrey Mohamed Abed for discovery abuse without substantial justification per CCP section 2033.280 in the sum of $1,060 payable by check or money order to the Client Trust Account of Shaver, Korff & Castronovo LLP, 16255 Ventura Blvd., Suite 850, Encino, CA 91436 no later than 6/9/2023.  No sanctions against plaintiff’s counsel as there is no evidence that he engaged in discovery abuse.  It was not sanctionable conduct for him to explain why he should not be sanctioned.

Hearing on Motion to Compel Discovery Responses and Further Discovery Responses, and Production to demand for production of documents, set one to plaintiff; and request for sanctions by defendant Simon K. Zahterian: Grant. Verified further Code Complaint response (without objections) with production of documents due within 20 days.  Monetary sanctions in the reasonable sum of $2,000 attorney fees plus $60 filing fees are granted against plaintiff Jeffrey Mohamed Abed for discovery abuse without substantial justification per CCP section 2031.300 and 2023.040 in the sum of $2,060 payable by check or money order to the Client Trust Account of Wesierski & Zurek LLP, 20 Orchard Road, Lake Forest, CA 92630 no later than 6/9/2023.  No sanctions against plaintiff’s counsel as there is no evidence that he engaged in discovery abuse.  It was not sanctionable conduct for him to explain why he should not be sanctioned.

Hearing on Motion to Compel Discovery Responses and Further Discovery Responses to form interrogatories, set one to plaintiff; request for sanctions in the amount of $2,194.00 by defendant Simon K. Zahterian: Grant. Verified further answers without objection due within 20 days.  Monetary sanctions in the reasonable sum of $2,000 attorney fees plus $60 filing fees are granted against plaintiff Jeffrey Mohamed Abed for discovery abuse without substantial justification per CCP section 2030.290 and 2023.040 in the sum of $2,060 payable by check or money order to the Client Trust Account of Wesierski & Zurek LLP, 20 Orchard Road, Lake Forest, CA 92630 no later than 6/9/2023.  No sanctions against plaintiff’s counsel as there is no evidence that he engaged in discovery abuse.  It was not sanctionable conduct for him to explain why he should not be sanctioned.

Hearing on Motion to Compel plaintiff Jeffrey Mohamed Abed's verified responses to demand for production of documents, set one, and for costs, including reasonable attorneys' fees by defendant Shingkei Thomas Ho: Grant. Verified further Code Complaint response (without objections) with production of documents due within 20 days.  Monetary sanctions in the reasonable sum of $1,000 attorney fees plus $60 filing fees are granted against plaintiff Jeffrey Mohamed Abed for discovery abuse without substantial justification per CCP section 2033.280 in the sum of $1,060 payable by check or money order to the Client Trust Account of Shaver, Korff & Castronovo LLP, 16255 Ventura Blvd., Suite 850, Encino, CA 91436 no later than 6/9/2023.  No sanctions against plaintiff’s counsel as there is no evidence that he engaged in discovery abuse.  It was not sanctionable conduct for him to explain why he should not be sanctioned.

Hearing on Motion to Compel responses to special interrogatories, set one to plaintiff; and request for sanctions by defendant Simon K. Zahterian: : Grant. Verified answers without objection due within 20 days.  Monetary sanctions in the reasonable sum of $880 attorney fees plus $60 filing fees are granted against plaintiff Jeffrey Mohamed Abed for discovery abuse without substantial justification per CCP section 2030.290 and 2023.040 in the sum of $940 payable by check or money order to the Client Trust Account of Wesierski & Zurek LLP, 20 Orchard Road, Lake Forest, CA 92630 no later than 6/9/2023. No sanctions against plaintiff’s counsel as there is no evidence that he engaged in discovery abuse.  It was not sanctionable conduct for him to explain why he should not be sanctioned.

Hearing on Motion to Compel plaintiff Jeffrey Mohamed Abed's verified answers to form interrogatories, set one, and for costs, including reasonable attorneys' fees by defendant Shingkei Thomas Ho: Grant. Verified answers without objection due within 20 days. Monetary sanctions in the reasonable sum of $1,000 attorney fees plus $60 filing fees are granted against plaintiff Jeffrey Mohamed Abed for discovery abuse without substantial justification per CCP section 2030.290 and 2023.010 in the sum of $1,060 payable by check or money order to the Client Trust Account of Shaver, Korff & Castronovo LLP, 16255 Ventura Blvd., Suite 850, Encino, CA 91436 no later than 6/9/2023.  No sanctions against plaintiff’s counsel as there is no evidence that he engaged in discovery abuse.  It was not sanctionable conduct for him to explain why he should not be sanctioned.