SEAN RASHTI
[ENTER ADDRESS]
Plaintiff in Pro Per
| SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES |
|
| SEAN RASHTI,
Plaintiff vs. TOBY WANK Defendant |
Case No.: 19STCV42312
Judge: Honorable Thomas D. Long Dept: 31 NOTICE OF MOTION ; MOTION TO COMPEL DISCOVERY RESPONSES; MEMORANDUM OF POINTS OF AUTHORITY IN SUPPORT THEREOF; PLAINTIFF’S DECLARATION IN SUPPORT THEREOF |
NOTICE OF MOTION
To Toby Wank and to all Attorneys of Record:
Please TAKE NOTICE that on [ENTER DATE], at [ENTER TIME] or soon thereafter, the Plaintiff herein will move this Court, in Department 31 for an order compelling the Defendant to provide full, complete, and straight forward responses to Plaintiff’s request for the Production of Documents without objections as set forth herein.
This motion will be based on the grounds that Defendant has failed to comply with Plaintiff regarding the said Discovery Request, as alleged herein.
Further, the motion will be based on this Notice of Motion and the Memorandum set forth below, on the records and file herein, and on such evidence as may be presented at the hearing of the motion.
Dated: [ENTER DATE]
SEAN RASHTI
[ENTER ADDRESS]
Plaintiff in Pro Per
| SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES |
|
| SEAN RASHTI,
Plaintiff vs. TOBY WANK Defendant |
Case No.: 19STCV42312
Judge: Honorable Thomas D. Long Dept: 31 NOTICE OF MOTION ; MOTION TO COMPEL DISCOVERY RESPONSES; MEMORANDUM OF POINTS OF AUTHORITY IN SUPPORT THEREOF; PLAINTIFF’S DECLARATION IN SUPPORT THEREOF |
MOTION TO COMPEL DISCOVERY RESPONSES
NOW COMES this SEAN RASHTI, Plaintiff, Proceeding Pro Se, pursuant to Code of Civil Procedure sections 2023.010, et seq. and 2031.210, et seq., who hereby moves this Court for an Order to Compel the Defendant to comply with Plaintiff’s Request for the Production of Documents as alleged herein.
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT FOR ORDER COMPELLING RESPONSES TO PLAINTIFF’S DISCOVERY REQUESTS
The Defendant has failed to comply with the Plaintiff’s Discovery Requests and thus the court should make an order that Defendant complies with Plaintiffs’ Request for the Production of Documents and imposing a monetary sanction for the failure to respond.
- RELEVANT PROCEDURAL BACKGROUND
On or about November 26, 2019, Plaintiff filed a Complaint against the Defendant.
On or about January 21, 2020, the Defendant filed a Response to Plaintiff’s Complaint, denying each and every allegation in Plaintiff’s Complaint. On the same date, the Defendant sent Plaintiff a Demand for Exchange of Expert Witness Information. In the said Demand, the Defendant requested that both parties send to the other party a list of the expert witnesses, and any document and/or report made by the said expert witnesses.
On or about September 17, 2020, Plaintiff, through Plaintiff’s former Attorney, filed a “Request for Prior Pleadings” to the Defendant.
On or about October 26, 2020, the Plaintiff responded to Defendant’s Form Interrogatories Set One. In the said Response, Plaintiff duly responded with specificity to each and every of Defendant’s interrogatories.
On February 19, 2021, the Plaintiff sent the Defendant a Request for Production of Documents Set Two. Notably, the Plaintiff requested the Defendant to produce all documents and other tangible things that support Defendant’s denial or special or affirmative defenses.
On or about March 23, 2021, the Defendant sent the Plaintiff Objections to Plaintiff’s Request for Production of Documents. In the objection, the Defendant alleged that the Plaintiff’s request seeks to obtain privileged information and invade the attorney-client and work product privileges. Defendant also alleged that the Plaintiff’s request was premature and that Defendant’s affirmative defenses were made as a matter of right.
On April 29, 2021, the Plaintiff’s former Attorney sent a Meet and Confer letter to the Defendant. However, Defendant has since failed to meaningfully meet and confer.
Plaintiff therefore files this Motion to Compel the Defendant to respond to Plaintiff’s Request for Production of Documents Set Two.
- ARGUMENTS
In light of the foregoing, Plaintiff therefore avers that:
- Pursuant to CCP 2031.310(a), Plaintiff is entitled to move this Court to compel the production of documents or things if the Defendant’s response (1) agrees to comply, but compliance is incomplete, (2) the responding party’s indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or without merit. In the instant action, the Defendant’s Objection is incomplete because it lacks proof of a privilege log to evaluate any of Defendant’s privilege claims. Further, the objections are evasive, incomplete, and inadequate.
- Pursuant to CCP 2031.310(b)(1), Plaintiff has good cause to demand the production of documents that Defendant relies on in his Defense. Notably, the Plaintiff has presented specific facts showing good cause justifying the discovery sought. The request for the production of documents will help establish the basis for the Defendant’s defenses. Besides, Plaintiff has duly responded to all interrogatories sent by the Defendant. The foregoing creates a good cause obligating Defendant to respond accordingly to Plaintiff’s Request for the Production of Documents Set Two.
- CONCLUSION
WHEREFORE, Plaintiff requests this Court grant the following Order(s):
- THAT Defendant provides a Statement of Compliance with Respect to Plaintiff’s Request for Production of Documents Set Two;
- THAT this Court overrule Defendant’s improper objections, and compel Defendant to produce anything withheld on the bases thereof;
- THAT Defendant produces a privilege log to evaluate any of her privilege claims; and
- THAT this Court grant any other Order it deems just.
DATED:
Respectfully submitted,
SEAN RASHTI
[ENTER ADDRESS]
Plaintiff in Pro Per
| SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES |
|
| SEAN RASHTI,
Plaintiff vs. TOBY WANK Defendant |
Case No.: 19STCV42312
Judge: Honorable Thomas D. Long Dept: 31 NOTICE OF MOTION ; MOTION TO COMPEL DISCOVERY RESPONSES; MEMORANDUM OF POINTS OF AUTHORITY IN SUPPORT THEREOF; PLAINTIFF’S DECLARATION IN SUPPORT THEREOF |
DECLARATION IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL DISCOVERY RESPONSES
I, SEAN RASHTI, declare
- I am the Plaintiff in the above entitled action.
- On February 19, 2021, the Plaintiff sent the Defendant a Request for Production of Documents Set Two.
- On or about March 23, 2021, the Defendant sent the Plaintiff Objections to Plaintiff’s Request for Production of Documents. In the Objection, the Defendant alleged, inter alia, that the Defendant’s Affirmative Defenses were given as a matter of right.
- On April 29, 2021, the Plaintiff’s former Attorney sent a Meet and Confer letter to the Defendant. In the said letter, the Plaintiff requested the Defendant to provide a fulsome response, identifying all facts, witnesses, and documents that the Defendant intends to rely on in supporting his Affirmative Defenses.
- Plaintiff has still not yet received a response from the Defendant.
- I ask that the court award sanctions against the Defendant. I base my request for the imposition of a sanction on the basis that it took me time to research and prepare the instant motion. I also need to be compensated for Court costs.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
CERTIFICATE OF SERVICE
I hereby certify that on [ENTER DATE], a copy of the foregoing document has been sent to the Defendant in the following address:
[ENTER ADDRESSES FOR DEFENDANT].
DATED:
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