Zahir Naseri v. Office of the Mayor

Set for Law and Motion/Discovery Calendar on Thursday, May 07, 2026, Line 8. Plaintiff Zahir Naseri's motion to compel further responses to the requests for admissions 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.

Second, Plaintiff failed to file a separate statement in compliance with CRC 3.1345(a)(1) [separate statement required to compel further responses to requests for admission].

Third, Plaintiff failed to demonstrate the RFA requests for which he seeks to compel further responses are appropriate in this case, which has been narrowed to the CPRA action. "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.) Plaintiff failed to show the discovery sought is necessary to resolve whether Defendant has a duty to disclose the records he has requested.

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