This case was last updated from Los Angeles County Superior Courts on 11/18/2021 at 15:00:12 (UTC).

ORLANDO GARCIA VS KAMRAN NEMANPOUR, ET AL.

Case Summary

On 12/30/2020 ORLANDO GARCIA filed a Civil Right - Other Civil Right lawsuit against KAMRAN NEMANPOUR. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0746

  • Filing Date:

    12/30/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

GARCIA ORLANDO

Defendants

NEMANPOUR KAMRAN

RIVAS RAUL E.

DAVOUDI DIANA

Attorney/Law Firm Details

Plaintiff Attorney

HANDY RUSSELL CLIVE

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

11/5/2021: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

11/5/2021: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Motion to Compel Answers, Without Objection, to Fo...)

10/26/2021: Minute Order - Minute Order (Hearing on Motion to Compel Answers, Without Objection, to Fo...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Answers, Without Objection, to Fo...) of 10/26/2021

10/26/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Answers, Without Objection, to Fo...) of 10/26/2021

Clerk's Notice of Full Payment of Fees Required - Clerk's Notice of Full Payment of Fees Required

10/20/2021: Clerk's Notice of Full Payment of Fees Required - Clerk's Notice of Full Payment of Fees Required

Motion to Compel (name extension) - Motion to Compel Notice Of Motion And Motion To Compel Answers, Without Objection, To Form And Special Interrogatories

9/20/2021: Motion to Compel (name extension) - Motion to Compel Notice Of Motion And Motion To Compel Answers, Without Objection, To Form And Special Interrogatories

Declaration (name extension) - Declaration Declaration Of Bradley Smith In Support Of Motion To Compel Answers

9/20/2021: Declaration (name extension) - Declaration Declaration Of Bradley Smith In Support Of Motion To Compel Answers

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

3/1/2021: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Answer - Answer

3/1/2021: Answer - Answer

Answer - Answer

1/28/2021: Answer - Answer

Answer - Answer

1/28/2021: Answer - Answer

Proof of Personal Service - Proof of Personal Service

1/19/2021: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

1/19/2021: Proof of Personal Service - Proof of Personal Service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1/28/2021: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1/28/2021: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Complaint - Complaint

12/30/2020: Complaint - Complaint

Summons - Summons on Complaint

12/30/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

8 More Documents Available

 

Docket Entries

  • 06/29/2022
  • Hearing06/29/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/05/2021
  • DocketProof of Service by Mail; Filed by: Orlando Garcia (Plaintiff); As to: Raul E. Rivas (Defendant)

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  • 11/05/2021
  • DocketProof of Service by Mail; Filed by: Orlando Garcia (Plaintiff); As to: Kamran Nemanpour (Defendant); Diana Davoudi (Defendant)

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  • 10/26/2021
  • DocketUpdated -- Motion to Compel Answers, Without Objection, to Form and Special Interrogatories; Set No. One; and Responses to Demand for Production of Documents, Set No. One; Request for Order Awarding Monetary Sanctions: Filed By: Orlando Garcia (Plaintiff); Result: Granted in Part; Result Date: 10/26/2021

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  • 10/26/2021
  • DocketUpdated -- Motion to Compel Answers, Without Objection, to Form and Special Interrogatories; Set No. One; and Responses to Demand for Production of Documents, Set No. One; Request for Order Awarding Monetary Sanctions: Name Extension changed from Notice Of Motion And Motion To Compel Answers, Without Objection, To Form And Special Interrogatories to Answers, Without Objection, to Form and Special Interrogatories; Set No. One; and Responses to Demand for Production of Documents, Set No. One; Request for Order Awarding Monetary Sanctions; As To Parties: removed

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  • 10/26/2021
  • DocketMinute Order (Hearing on Motion to Compel Answers, Without Objection, to Fo...)

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  • 10/26/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Answers, Without Objection, to Fo...) of 10/26/2021; Filed by: Clerk

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  • 10/26/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 10/26/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/26/2021; Result Type to Held - Motion Granted

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  • 10/22/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/03/2024 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 01/19/2021

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  • 10/20/2021
  • DocketClerk's Notice of Full Payment of Fees Required; Filed by: Clerk; As to: Orlando Garcia (Plaintiff)

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14 More Docket Entries
  • 01/19/2021
  • DocketProof of Personal Service; Filed by: Orlando Garcia (Plaintiff); As to: Kamran Nemanpour (Defendant); Service Date: 01/13/2021; Service Cost: 35.00; Service Cost Waived: No

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  • 01/19/2021
  • DocketProof of Personal Service; Filed by: Orlando Garcia (Plaintiff); As to: Diana Davoudi (Defendant); Service Date: 01/13/2021; Service Cost: 35.00; Service Cost Waived: No

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  • 12/30/2020
  • DocketNon-Jury Trial scheduled for 06/29/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/03/2024 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/30/2020
  • DocketComplaint; Filed by: Orlando Garcia (Plaintiff); As to: Kamran Nemanpour (Defendant); Diana Davoudi (Defendant); Raul E. Rivas (Defendant)

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  • 12/30/2020
  • DocketSummons on Complaint; Issued and Filed by: Orlando Garcia (Plaintiff); As to: Kamran Nemanpour (Defendant); Diana Davoudi (Defendant); Raul E. Rivas (Defendant)

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  • 12/30/2020
  • DocketCivil Case Cover Sheet; Filed by: Orlando Garcia (Plaintiff); As to: Kamran Nemanpour (Defendant); Diana Davoudi (Defendant); Raul E. Rivas (Defendant)

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  • 12/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/30/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC10746 Hearing Date: October 26, 2021 Dept: 26

Garcia v. Nemanpour,\r\net al 20STLC10746

MOTION\r\nTO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; AND REQUEST\r\nFOR SANCTIONS

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(CCP\r\n§§ 2030.290, 2031.300, 2023.010)

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TENTATIVE RULING:

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Plaintiff Orlando Garcia’s Motion Compelling Responses to Form Interrogatories, Set One, and for Monetary Sanctions is GRANTED\r\nSOLELY AS TO DEFENDANT KAMRAN NEMANPOUR. DEFENDANT KAMRAN NEMANPOUR IS TO SERVE\r\nVERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES WITHIN 20\r\nDAYS’ SERVICE OF THIS ORDER. DEFENDANT KAMRAN NEMANPOUR IS ALSO ORDERED TO PAY\r\nSANCTIONS OF $160.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS\r\nORDER.

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THE COURT MAKES NO ORDER ON THE REMAINING DISCOVERY REQUESTS\r\nAT THIS TIME.

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ANALYSIS:

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Plaintiff Orlando Garcia (“Plaintiff”) propounded Form\r\nInterrogatories, Set One, Special Interrogatories, Set One, and Requests for\r\nProduction of Documents, Set One, on Defendants Kamran Nemanpour, Raul Rivas\r\nand Diana Davuodi (“Defendants”) on April 23, 2021. (Motion, Smith Decl., Exhs.\r\nA-B.) Despite a meet and confer effort, Plaintiff has not received any\r\nresponses to the discovery requests. (Id. at ¶6 and Exh. B.) Plaintiff filed\r\nthe instant Motion to Compel Responses to Interrogatories and Requests for Production;\r\nand Request for Monetary Sanctions on September 20, 2021. (Id. at ¶¶4-6\r\nand Exhs. B-D.) No opposition has been filed to date.

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Discussion

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The Court first addresses the fact that Plaintiff has\r\nreserved a single discovery motion to compel responses with respect to nine separate sets of discovery.\r\nCombining separate motions into a single motion and reservation negatively\r\nimpacts the Court’s calendar by placing more motions on the calendar than slots\r\nhave been provided by the online reservation system. Furthermore, it allows the\r\nparty to avoid paying the requisite filing fees. “[I]t is mandatory for the\r\ncourt clerks to demand and receive statutorily required filing fees.” (Duran\r\nv. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.)

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Therefore, the Court will only rule on the request to compel\r\nDefendant Kamran Nemanpour’s responses to Form Interrogatories, Set One, and the\r\nassociated request for sanctions. Based on Defendant Nemanpour’s failure to\r\nserve initial responses, the request to compel responses to form\r\ninterrogatories is granted. There is no requirement for a prior meet and confer\r\neffort before a motion to compel initial responses can be filed. (Code Civ.\r\nProc., § 2030.290.) Further, the motion can be brought any time after the\r\nresponding party fails to provide the responses. (Code Civ. Proc., § 2030.290.)\r\nPlaintiff is entitled to an order compelling Defendant Nemanpour to serve\r\nverified responses to the form interrogatories without objections.

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Defendant Nemanpour’s failure to timely respond constitutes\r\na misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).)\r\nSanctions are appropriate under Code of Civil Procedure sections 2023.010 and\r\n2023.030 and have been properly noticed. Using a lodestar calculation, the\r\nrequest for sanctions is granted against Defendant Nemanpour in the amount of $160.00.\r\n(Motion, Smith Decl., ¶6.) The sanctions are to be paid within 20 days’ service\r\nof this order.

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The Court makes no order on the requests to compel Defendants’\r\nresponses to the remaining discovery sets and related requests for sanctions.\r\nThose requests must be separately reserved and paid for on the Court’s online\r\nreservation system.

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Conclusion

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Plaintiff Orlando Garcia’s Motion Compelling Responses to Form Interrogatories, Set One, and for Monetary Sanctions is GRANTED\r\nSOLELY AS TO DEFENDANT KAMRAN NEMANPOUR. DEFENDANT KAMRAN NEMANPOUR IS TO SERVE\r\nVERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES WITHIN 20\r\nDAYS’ SERVICE OF THIS ORDER. DEFENDANT KAMRAN NEMANPOUR IS ALSO ORDERED TO PAY\r\nSANCTIONS OF $160.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS\r\nORDER.

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THE COURT MAKES NO ORDER ON THE REMAINING DISCOVERY REQUESTS\r\nAT THIS TIME.

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Moving party to give notice.

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