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Notice Of Motion And Motion To Compel Production Of Documents; Memorandum Of Points And Authorities
Set for Law and Motion/Discovery Calendar on Monday, April 27, 2026, Line 3. PLAINTIFF ZAHIR NASERI's Motion To Compel Production Of Documents.
Plaintiff's motion to compel further responses to the requests for production is DENIED.
First, plaintiff did not meet and confer in good faith. The parties agreed to defer discovery until the court ruled on the motion for judgment on the pleadings. (Fong Decl., pars. 10-11, Ex. C.) Even though the motion for judgment on the pleadings dismissed most of plaintiff's case and rendered much of the discovery irrelevant, plaintiff failed to meet and confer again after the court's ruling. "When a party seeks pretrial discovery in a proceeding to enforce the California Public Records Act'the trial court must determine whether the discovery sought is necessary to resolve whether the agency has a duty to disclose, and additionally consider whether the request is justified given the need for an expeditious resolution.'" (County of San Benito v.
Superior Court (2023) 96 Cal.App.5th 243, 249.) Discovery in an action under the California Public Records Act is "circumscribed by its relevance to the 'narrow issue: whether a public agency has an obligation to disclose the records that the petitioner has requested'" (County of San Benito, 96 Cal.App.5th at 254.)
Second, plaintiff failed to file a separate statement in compliance with CRC 3.1345(a)(5) [separate statement required to compel further production of documents].
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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