Judge: Stephen P. Pfahler, Case: 21STCV37556, Date: 2022-09-01 Tentative Ruling

Case Number: 21STCV37556    Hearing Date: September 1, 2022    Dept: F49

Dept. F-49

Date: 9-1-22

Case #21STCV37556 (lead case) related to 22VEUD00174

Trial Date: Not Set

COMPEL

MOVING PARTY: Plaintiff, Hamid Mirshojae

RESPONDING PARTY: Defendant, Ahang Mirshojae

RELIEF REQUESTED

Motions to Compel Responses to Special Interrogatories and Request for Production of Documents

Motion to Deem Requests for Admissions Admitted

SUMMARY OF ACTION

On October 12, 2021, Plaintiffs and Hamid Mirshojae and Woodland Hills Medical Clinic II, Inc. filed a complaint for Breach of Settlement Agreement, Implied Contractual Indemnity, and Breach of Lease against Ahang Mirshojae and 5975-5999 Topanga Canyon Blvd. The subject complaint arises following three separate preceding cases: a January 9, 2017 filed action, Woodland Hills Medical Clinic II, Inc., et al. v. Zelk, et al. (LC105050), a February 3, 2017 and 5975-5999 Topanga Canyon Blvd., et al. v. Zelk, et al. (LC105208), and a March 13, 2019 action, Yadegar v. Woodland Hills Medical Clinic, et al. (19CHCV00214). The LC105208 and LC105050 settled at least in part under an alleged condition that the Ahang, et al. parties “obtain a release” on the 19CHCV00214 action, execute two deeds of trust, as well allowing the clinic to occupy the top floor of the building and parking spaces for business operations. Notwithstanding the agreement, Plaintiffs allege, Ahang, et al. continue to “orchestrate” litigation on the action in order to “extort money from and harass,” and refusal to “approve and sign” the replacement deeds of trust in order to “rectify the defects.” Plaintiffs also dispute the return of certain property belonging to both the business entity and individual. Plaintiffs also allege Defendants refuse to allow the use of the unoccupied top floor or parking spaces “for nefarious reasons.”

On February 24, 2022, Plaintiff 5975-5999 Topanga Canyon Blvd. filed a complaint for unlawful detainer against Defendant, Woodland Hills Medical Clinic II, Inc.

A notice of related cases was filed with 21STCV37556. On March 17, 2022, the court deemed 22VEUD00174 and 21STCV37556 related, thereby leading to the assignment of all cases to Department 47. On March 21, 2022, Plaintiff filed a peremptory challenge, thereby leading to the reassignment of the case to Department 49 on March 22, 2022. On March 28, 2022, the court specially set a motion for reconsideration challenging the preemptory reassignment from Department 47. The motion for reconsideration was denied on June 2, 2022, and the action therefore remains assigned to Department 49.

On June 9, 2022, the court sustained the demurrer to the unlawful detainer action with 15 days leave to amend. The UD plaintiffs filed their first amended complaint on June 23, 2022.

RULING: Granted

Plaintiff Hamid Mirshojae moves to compel responses to Special Interrogatories and Request for Production of Documents (set one) from Defendant Ahang Mirshojae. Plaintiff Hamid Mirshojae also moves to deem request for admissions admitted as to defendant Ahang Mirshojae.^[1]

Hamid Mirshojae served Ahang Mirshojae on April 12, 2022. [Declarations of Minh-Van T. Do, ¶ 2, Ex. A.] No responses were received prior to the time of the filing of the motion. [Id., ¶ 4.]

The unopposed motions to compel responses to Special Interrogatories and Request for Production of Documents are granted. Defendant Ahang Mirshojae is ordered to serve verified responses to special interrogatories and request for production of documents without objections within ten days. (Code Civ. Proc., §§ 2030.290, subd. (a-b), 2031.300, subd. (a-b).) The unopposed motion to deem admissions admitted against Ahang Mirshojae is also granted. (Code Civ. Proc., § 2033.280, subd. (b).)

Sanctions in the amount of $750 ($250 per motion) joint and severally against both Ahang Mirshojae and counsel of record for Ahang Mirshojae are imposed. (Code Civ. Proc., §§ 2030.290, subd. (c). 2031.300, subd. (c), 2033.280, subd. (c).) Payable within 30 days.

Plaintiff Hamid Mirshojae to give notice to all parties.