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This case was last updated from Los Angeles County Superior Courts on 01/28/2021 at 05:02:22 (UTC).

SAM DERAKHSHAN VS AVA AZIMI

Case Summary

On 07/30/2019 SAM DERAKHSHAN filed a Contract - Other Contract lawsuit against AVA AZIMI. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7013

  • Filing Date:

    07/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

DERAKHSHAN SAM

PARS ACCOUNTING INC.

Defendant

AZIMI AVA AKA ASMA AZIMI

Attorney/Law Firm Details

Plaintiff Attorney

KATOFSKY JEFF

 

Court Documents

Declaration (name extension) - Declaration regarding Notice

1/19/2021: Declaration (name extension) - Declaration regarding Notice

Ex Parte Application (name extension) - Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial

1/19/2021: Ex Parte Application (name extension) - Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial

Witness List - Witness List

1/22/2021: Witness List - Witness List

Exhibit List - Exhibit List

1/22/2021: Exhibit List - Exhibit List

Notice (name extension) - Notice of continuance of hearing on motion to compel

7/24/2020: Notice (name extension) - Notice of continuance of hearing on motion to compel

Notice of Ruling - Notice of Ruling

8/26/2020: Notice of Ruling - Notice of Ruling

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of continuance of hearing on motion to compel

5/5/2020: Notice (name extension) - Notice of continuance of hearing on motion to compel

Notice (name extension) - Notice of Continuance of Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions

4/17/2020: Notice (name extension) - Notice of Continuance of Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions

Notice (name extension) - Notice of Continuance of Hearing on Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions

4/22/2020: Notice (name extension) - Notice of Continuance of Hearing on Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

3/12/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

General Denial - General Denial

12/18/2019: General Denial - General Denial

Proof of Service by Mail - Proof of Service by Mail

11/12/2019: Proof of Service by Mail - Proof of Service by Mail

Summons - Summons ON FIRST AMENDED COMPLAINT

10/31/2019: Summons - Summons ON FIRST AMENDED COMPLAINT

Amended Complaint - Amended Complaint

10/31/2019: Amended Complaint - Amended Complaint

Proof of Service by Mail - Proof of Service by Mail

10/2/2019: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Substituted Service - Proof of Service by Substituted Service

8/26/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 04/27/2021
  • Hearing04/27/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/25/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/02/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 01/25/2021

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  • 01/25/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 01/26/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Party was rescheduled to 04/27/2021 08:30 AM

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  • 01/22/2021
  • DocketExhibit List; Filed by: PARS ACCOUNTING, INC. (Plaintiff)

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  • 01/22/2021
  • DocketWitness List; Filed by: PARS ACCOUNTING, INC. (Plaintiff)

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  • 01/19/2021
  • DocketEx Parte Application and Order Thereon for Continuance of Non-Jury Trial; Filed by: AVA AZIMI (Defendant); As to: AVA AZIMI (Defendant)

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  • 01/19/2021
  • DocketDeclaration regarding Notice; Filed by: AVA AZIMI (Defendant)

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  • 01/19/2021
  • DocketHearing on Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial scheduled for 01/20/2021 at 01:30 PM in Spring Street Courthouse at Department 25

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  • 01/19/2021
  • DocketUpdated -- Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial: Filed By: AVA AZIMI (Defendant); Result: Rejected; Result Date: 01/19/2021

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  • 01/19/2021
  • DocketHearing on Ex Parte Application and Order Thereon for Continuance of Non-Jury Trial scheduled for 01/20/2021 at 01:30 PM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 01/19/2021

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25 More Docket Entries
  • 10/02/2019
  • DocketProof of Service by Mail; Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant)

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  • 08/26/2019
  • DocketProof of Service by Substituted Service; Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant); Proof of Mailing Date: 08/26/2019; Service Cost: 112.10; Service Cost Waived: No

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  • 07/31/2019
  • DocketNon-Jury Trial scheduled for 01/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/31/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/31/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/30/2019
  • DocketComplaint; Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant)

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  • 07/30/2019
  • DocketSummons on Complaint; Issued and Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant)

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  • 07/30/2019
  • DocketCivil Case Cover Sheet; Filed by: SAM DERAKHSHAN (Plaintiff); As to: AVA AZIMI (Defendant)

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  • 07/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC07013    Hearing Date: August 26, 2020    Dept: 25

HEARING DATE:   Wed., August 26, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME Derakshian v. Azimi COMPL. FILED: 07-30-19

CASE NUMBER: 19STLC07013 DISC. C/O: 01-11-21

NOTICE:   OK MOTION C/O: 12-27-20

TRIAL DATE: 01-26-21

PROCEEDINGS    MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS

MOVING PARTY:   Plaintiff Pars Accounting, Inc.

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES; REQUEST FOR SANCTIONS  

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Pars Accounting, Inc.’s Motion to Compel Responses to Form Interrogatories, Set One, is GRANTED. Defendant must provide verified responses without objections to the discovery within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $435.00 to be paid within thirty (30) days of notice of this order.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 24, 2020 [   ] Late [X] None

REPLY: None filed as of August 24, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On July 30, 2019, Sam Derakhshan filed an action against Defendant Ava Azimi aka Asma Azimi (“Defendant”) for breach of contract and common counts. On October 31, 2019, a First Amended Complaint (“FAC”) was filed, substituting Plaintiff Pars Accounting, Inc. (“Plaintiff”) for Sam Derakshian. On December 18, 2019, Defendant filed an Answer, in pro per.

On March 12, 2020, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

A. Form Interrogatories

 

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.) 

Here, Plaintiff served Defendant with Form Interrogatories, Set One, on January 2, 2020 by regular mail. (Mot., Leff Decl., ¶ 2.) Although not procedurally required, on February 10, 2020, Plaintiff’s counsel sent a letter to Defendant regarding the lack of discovery responses and granted an extension until February 20, 2020 to provide them without objections. (Id. at ¶  4.) To date, Defendant has not provided any responses to the interrogatories. (Id. at ¶ 5.) Thus, Plaintiff is entitled to an order compelling Defendant to provide verified responses to Form Interrogatories, Set One, without objections. (Code Civ. Proc., § 2030.290.)

B. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Defendant’s failure to respond to Plaintiff’s discovery request a misuse of the discovery process.

Plaintiff’s counsel requests a total of $1,747.00, which consists of 4.5 hours of attorney time billed at $375.00 per hour and one filing fee of $60.00. (Mot., Song Decl., ¶¶ 2-5.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds $435.00, based on one hour of attorney time and one filing fee, to be reasonable. Defendant is ordered to pay sanctions within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Pars Accounting, Inc.’s Motion to Compel Responses to Form Interrogatories, Set One, is GRANTED. Defendant must provide verified responses without objections to the discovery within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $435.00 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.