NOTICE OF MOTION

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Samples legal papers
March 9, 2023

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.

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MOTION TO COMPEL DISCOVERY

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

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MOTION TO COMPEL DISCOVERY

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.

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MOTION TO COMPEL DISCOVERY

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.
A. 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

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MOTION TO COMPEL DISCOVERY

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.
B. ARGUMENTS
In light of the foregoing, Plaintiff therefore avers that:
A. 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.
B. 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.

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MOTION TO COMPEL DISCOVERY

C. CONCLUSION
WHEREFORE, Plaintiff requests this Court grant the following Order(s):

  1. THAT Defendant provides a Statement of Compliance with Respect to Plaintiff’s
    Request for Production of Documents Set Two;
  2. THAT this Court overrule Defendant’s improper objections, and compel
    Defendant to produce anything withheld on the bases thereof;
  3. THAT Defendant produces a privilege log to evaluate any of her privilege claims;
    and
  4. THAT this Court grant any other Order it deems just.

DATED:

Respectfully submitted,

SEAN RASHTI

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MOTION TO COMPEL DISCOVERY

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

  1. I am the Plaintiff in the above entitled action.
  2. On February 19, 2021, the Plaintiff sent the Defendant a Request for Production of
    Documents Set Two.

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MOTION TO COMPEL DISCOVERY

  1. 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.
  2. 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.
  3. Plaintiff has still not yet received a response from the Defendant.
  4. 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.

SEAN RASHTI

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MOTION TO COMPEL DISCOVERY
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:

SEAN RASHTI

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