THE ESTATE OF ROBERT HAROLD LEE, BY AND THROUGH ET AL VS. NIMA MOMENI ET AL

Set for Law and Motion/Discovery Calendar on Monday, July 27, 2026, Line 5.

1 - Defendants Dino Elyassnia, Khazar Momeni, and Mahnaz Tayarani's demurrer to the fifth and sixth causes of action for aiding and abetting defendant Nima Momeni's criminally violent conduct and conspiring with Nima to commit such conduct in the second amended complaint is overruled as to both causes of acton.

Paragraphs 56-58 and 103 of the second amended complaint sufficiently allege ultimate facts supporting an aiding and abetting claim against the demurring defendants. Those paragraphs allege that defendants, knowing that Nima had a violent history and intended to harm Bob Lee the night he died, facilitated Nima's access to the murder weapon.

Paragraph 109 of the second amended complaint sufficiently alleges ultimate facts supporting a conspiracy claim against the demurring defendants. That paragraph alleges that defendants agreed among themselves and with Nima that Nima "would take his rage out" against Bob Lee the night he died and the defendants facilitated Nima's access to the murder weapon.

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.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK) | |