On July 15, 2020 a
Order to Show Cause
was filed
involving a dispute between
Deli Delicious Franchising, Inc.,
and
Akoo, Inc.,
Namdarian, Sam Siamak,
for 37 Unlimited - Other Contract
in the District Court of Fresno County.
Preview
E-FILED
I David D. Schneider, #217498 11/19/2020 8:48 AM
Caroline M. Lutz #274836 Superior Court of California
2 FENNEMORE DOWLING AARON
8080 North
County of Fresno
Palm Avenue
J Third Floor By: LP Deputy
Fresno, California 937 lI
4 Tel: (559) 432-4500 lFax: (559) 432-4590
dsch{reider@ fgnnemorel aw. com/clutz(ô,fennemorelaw. som
5
6 Attorneys for Plaintiff/Cross-Defendant
DELI DELICIOUS FRANCHISING, INC. and Cross-
7 Defendants MOHAMMAD HOBAB and HESAM HOBAB
8 SUPEzuOR COURT OF THE STATE OF CALIFORNIA
9 COLJNTY OF FRESNO
10
11 DELI DELICIOUS FRANCHISING, INC., Case No. 20C8CG02037
t2 Plaintiff, EX PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER
13 v AND ORDER TO SHO\il CAUSE RE
CONTEMPT AND REQUEST FOR
I4 SAM SIAMAK NAMDAzuAN, AKOO, MONETARY SANCTIONS IN THE
INC., and DOES 1 through 50, inclusive, AMOUNT OF $7,387.00 AGAINST
15 DEFENDANTS AND THEIR COUNSEL
Defendants. H. TY KHARAZI
t6
Date: November 19,2020
I7 Time: 3:30 p.m.
Dept.: 501
18 AND ALL RELATED CROSS-ACTIONS.
Action filed: July 15,2020
19 Hon. D. Tyler Tharpe
20
2t
22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
z) PLEASE TAKE NOTICE THAT Plaintiff/Cross-Defendant DELI DELICIOUS
24 FRANCHISING, INC. ("Deli Delicious") and Cross-Defendants Hesam Hobab and
25 Mohammâd Hobab hereby apply for a Temporary Restraining Order and Order to Show Cause
26 Re Contempt of the Stipulation and Protective Order Re: Confidential Information and for
27 Monetary Sanctions Against Defendants and/or their Counsel H. Ty Kharazi in the Amount of
28 $7,387. A hearing is set on this application for 3:30 p.m. on November 19, 2020 in Department
EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND OSC
SPETERSEN/r7r 83544. l/10 1080.0004
1 501 of the Fresno County Superior Court.
2 This Application is brought pursuant to Code of Civil Procedure $$ 526(a)(3),
J 128(a)(), 1 209(a)(5), 12 1 8(a) and 2023 .03 0(a) and is made on the grounds that: 1) Defendants
4 and/or their counsel, Mr. H. Ty Kharazi willfully violated the terms of the Stipulation and
5 Protective Order Re: Confidential Information entered by the Court on October 1,2020; and2)
6 Counsel H. Ty Kharazi misused the discovery process by employing a discovery method,
7 specifically, the depositions of Mr. Ali Nekumanesh and Mr. Hadi Hobab in a manner that
I caused unwarranted annoyance, embarrassment, oppression and undue burden and expense for
9 Plaintiff. This Application is based upon this notice of application and application for order to
10 show cause, the memorandum of points and authorities filed herewith, the declarations of
11 Hesam Hobab, Ali Nekumanesh and David D. Schneider, a Request for Judicial Notice, all
12 pleadings filed herein, and on such oral and documentary evidence, argument and authorities as
13 may be presented in reply and atthe hearing of this Application.
T4
15 Dated: November-/l ,2020 FENNEMORE DOV/LING AARON
t6
I7
18 A s for Plaintiff/Cross-Defendant
DELI CIOUS FRANCHISING,
I9 INC. and Cross-Defendants
MOHAMMAD HOBAB and HESAM
20 HOBAB
2l
22
ZJ
24
25
26
27
28
2
DOWLINGIAARON
EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND OSC
SPETERSEN/l 7l 83544. l/1
01080.0004
Document Filed Date
November 19, 2020
Case Filing Date
July 15, 2020
Category
37 Unlimited - Other Contract
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