Judge: Walter P. Schwarm, Case: 30-2019-01063933, Date: 2023-08-22 Tentative Ruling

Moving Party’s (Amir Foad John Aflatooni) Motion for Protective Order to Protect Non-Party Witness Kamran Ghadishah From Intimidation During Deposition and At Trial; Order That Non-Party Witness Kamran Ghadishah is Alowed to Testify and/or is Compelled to Testify as to His Communications with Manouchehr Moatamer; Order that the Second Session of Mr. Gahdishah’s Deposition Can Take Place After the Discovery Cut-Off Date (Motion), filed on 3-21-23 under ROA No. 449, is DENIED without prejudice.

The Motion specifically seeks an “. . . order that non-party witness Mr. Ghadishah is allowed to testify and/or is compelled to testify as to his communications with Mr. Moatamer . . . .” (Notice of Motion; 3:3-5.)  The Motion states, “. . . Mr. Ghadishah was intimidated enough to refuse to testify as to such issues.  Thus, Ms. Dib was not able to inquire as to any communications that Mr. Ghadishah had with Mr. Moatemer, and any events that occurred prior to Mr. Ghadishah’s execution of the settlement agreement with Mr. Moatamer.  As such, Aflatooni request that the court issue an order that he is entitled to as Mr. Gahdishah question as to such communications and events . . . .” (Motion; 7:8-14.)

California Rules of Court, rule 3.1346, states, “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service specified on the deposition record.”

Here, the Proof of Service attached to the Motion indicates via email on the attorneys for Plaintiff/Cross-Defendant Tolue Edalat Amlak, Inc. and Cross-Defendant Manouchehr Moatamer, and the attorneys for Cross-Defendants Mahtab Moatamer and Manouchechr Moatamer.  There is no Proof of Service reflecting personal service of this Motion on Mr. Ghadishah.

Since the Motion does not comply with California Rules of Court, rule 3.1346, the court DENIES Moving Party’s (Amir Foad John Aflatooni) Motion for Protective Order to Protect Non-Party Witness Kamran Ghadishah From Intimidation During Deposition and At Trial; Order That Non-Party Witness Kamran Ghadishah is Alowed to Testify and/or is Compelled to Testify as to His Communications with Manouchehr Moatamer; Order that the Second Session of Mr. Gahdishah’s Deposition Can Take Place After the Discovery Cut-Off Date, filed on 3-21-23 under ROA No. 449, without prejudice.

Moving Party is to give notice.