Judge: Shirley K. Watkins, Case: 21VECV00692, Date: 2022-07-29 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: 21VECV00692    Hearing Date: July 29, 2022    Dept: T

[TENTATIVE] RULINGS ON VARIOUS DISCOVERY MOTIONS:

MOTION TO COMPEL THE DEPOSITION OF SEPEHR

GRANT. Sepehr agreed that if any claims survive the demurrer, he will be made available for deposition very shortly thereafter but not later than the end of the July 2022 calendar month.  There are 3 days left in the calendar month and Sepehr has not made himself available for deposition, nor has he provided available dates for his deposition. The obligation was his.  No good faith effort to comply with the agreement was made by Sepehr.  The court has no problem with moving party pursuing this motion as Sepehr did not comply with his agreement. Accordingly, the court grants the Motion to Compel the Deposition of Ali Sepehr, which shall take place on a date, time and location selected by Mr. Farivar’s office (within 25 days).  Counsel for moving party to provide 2 alternate dates within 25 days by email to Sepehr’s counsel no later than 8/2/2022 and Sepehr shall select one of these dates.  The dates should provide a minimum of 10 calendar days notice to all parties by email.

MOTION TO COMPEL THE DEPOSITIONS OF RICHARD KHATIBI AND MELICA KHATIBI

PREMATURE. This motion is premature as these depositions were to be set after Sepehr’s deposition.  Accordingly, the court will continue this motion for 30 days.  Their depositions are to be taken between 7-14 days after the first session of Sepehr’s deposition.  The court orders that they promptly provide dates as soon as the first session of Sepehr’s deposition has been determined, and not wait to give proposed dates until after the first session of Sepehr’s deposition is completed.

MOTION TO COMPEL FURTHER RESPONSE OF AFCHEHE TO FORM AND SPECIAL INTERROGATORIES

GRANT motion as to the following:  Further verified Code compliant responses to Form Int. 17.1 as to RFAs 2, 3, 4, 5, and 50.1, 50.2, 50.4 and 50.5 within 20 days.  Further verified responses to Special Ints. 1, 3, 4, and 6 within 20 days.  The court finds that the initial responses and supplemental responses are inadequate, concerning information relevant to the subject matter of this case or which may result in the discovery of admissible evidence and not privileged. Every subpart must be clearly stated.

MOTION TO DEEM DEPOSITION OF ALIASGHAR KHATIBI COMPLETED

GRANT WITH CONDITIONS: Aliasghar’s deposition shall be scheduled by cross-complainants within 30 days or they will be deemed to have waived their right to complete the deposition.  The first session took place 1/20/2022.  Counsel has been trying to get cross-complainants to schedule the second session for several months.  This decision is self-explanatory.

MOTION TO COMPEL AKHOUNDZADEH’S RESPONSE TO FIRST SET OF DISCOVERY REQUESTS

MOTION TO DEEM RFAs ADMITTED

DENY AS MOOT.  The opposition filed on 6/6/2022 states that “all outstanding discovery is expected to be completed within days, will be verified, and will be served on all counsel before the hearing on this motion currently set for 6/17/2022.”  If discovery responses were served on or about June 13, 2022 (not sure how service was accomplished), then this motion is moot and additional meet and confer would be required before filing a motion to compel further discovery responses.  Propounding party has 45 days (plus additional days depending on how served) to complete meet and confer and file motion to compel further responses.  If there is a request for an IDC online, the court will grant an additional 30 days to file the motions.  The court requires strict compliance with the Code in terms of responses to production requests.  There is specific statutory language which must be used.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.