Judge: Stephen P. Pfahler, Case: 22STC06608, Date: 2024-05-30 Tentative Ruling

Case Number: 22STC06608    Hearing Date: May 30, 2024    Dept: 68

Dept. 68

Date: 5-30-24

Case Number: 22STCV06608

Trial Date: 10-21-24

DOCUMENTS

MOVING PARTY:                Defendant/Cross-Complainant, 1041 Wall Street, Inc.

RESPONDING PARTY:       Cross-Defendant, Abdul Ahmed

RELIEF REQUESTED

Motion to Compel Responses to Request for Production of Documents

SUMMARY OF ACTION

On February 26, 2018, Plaintiff Melrose Quality Pain Relief, Inc. and Defendant 1041 Wall Street, Inc. entered into a contract identified as the “Option to Purchase License Agreement.” The agreement provided 1041 Wall Street the right to purchase a certain interest in a marijuana business owned by Melrose Quality Pain Relief, Inc. The agreement includes a certain payment schedule for the 12 month option period.

Plaintiff maintains that Defendant Robert Cazarin paid the $100,000 initial deposit, but defaulted on either three or five of the $45,000 monthly installments.

On February 23, 2022, Plaintiff filed a complaint for Breach of Contract, Fraud, Breach of Fiduciary Duty, Interference with Prospective Economic Advantage, and Violation of California Unfair Competition Law, Cal. Bus. & Prof Code§ 17200, et seq. On April 4, 2022Robert Cazarin and 1401 Wall Street answered, and filed a cross-complaint against Abdul Ahmed and Melrose Quality Pain Relief, Inc. for Fraud, Breach of Contract, and Recission. The cross-complaint alleges Cross-Defendants misrepresented their licensing status for legal participation in the marijuana industry.

Cross-Defendants answered the cross-complaint on October 26, 2022. On May 8, 2023, Plaintiff dismissed Donta Foreman and Robert Cazarin without prejudice.

RULING: Granted.

Defendant/Cross-Complainant, 1041 Wall Street, Inc. move to compel responses to Request for Production of Documents (set one) served on Cross-Defendant Abdul Ahmed. 1041 Wall Street, Inc. represents service of the identified discovery on June 15, 2023. [Declarations of Scott Lee and Motions, Ex. A.] According to Plaintiff, at the time of the filing of the motion, no responses were received. [Id., ¶ 8.]

Abdul Ahmed in a three (3) court day/six calendar day late filed opposition maintains Ahmed is an improper party to the action, moving party failed to meet and confer, represents a written agreement somehow undermining the subject discovery, and late responses were ultimately served. Counsel requests the court refrain from sanctions, due to personal circumstances.

1041 Wall Street, Inc. in reply denies any improper conduct in filing the motion, denies any written agreement foregoing the right to propound the subject discovery, denies any necessity to meet and confer prior to filing a motion to compel initial responses, and denies any justification against imposing sanctions.

1041 Wall Street, Inc. concedes that late responses were served as to the admissions and form interrogatories, but maintains no document production occurred. Per the notice of moving party, the court took the concurrently filed motions to compel responses to form interrogatories and motion to deem admissions admitted off-calendar. The motion for production of documents remains on calendar, and the opposition lacks any proof of service of actual documents in compliance with the requests. The motion is therefore granted. Cross-Defendant Abdul Ahmed is ordered to serve verified responses to request for production of documents (set one) without objections within 15 days. (Code Civ. Proc., § 2031.300, subd. (a-b).)

Sanctions in the amount of $1,000, which represents the statutory minimum required for request for production of documents. (Code Civ. Proc., §§ 2023.050, subd. (a), 2031.300, subd. (c).) Sanctions payable in 30 days and imposed jointly against responding party and counsel.

Trial set for October 21, 2024.

1041 Wall Street, Inc. to give notice.