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

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25623810 - October 21, 2025 Hearing date: October 21, 2025 Case number: CGC25623810 Case title: THE ESTATE OF ROBERT HAROLD LEE, BY AND THROUGH ET AL VS. NIMA MOMENI ET AL Case Number: | | CGC25623810 | Case Title: | | THE ESTATE OF ROBERT HAROLD LEE, BY AND THROUGH ET AL VS. NIMA MOMENI ET AL | Court Date: | | 2025-10-21 09:00 AM | Calendar Matter: | | MOTION TO STRIKE COMPLAINT | Rulings: | | On the Law and Motion/Discovery calendar for October 21, 2025, line 10. DEFENDANTS DINO ELYASSNIA, KHAZAR MOMENI, MAHNAZ TAYARANI'S MOTION TO STRIKE COMPLAINT.

Defendants' motion to strike Plaintiffs' references to punitive damages is GRANTED with leave to amend. Civil Code section 3294, subdivision (a) restricts punitive damage awards to situations where the defendant has been guilty of "oppression, fraud or malice." Here, Plaintiffs plead facts indicating malice by Defendant Nima Momeni but not for Moving Defendants Khazar Momeni, Dino Elyassnia, or Mahnaz Tayarani. Plaintiffs contend that the alleged concealment of evidence constitutes malice, but they do not plead facts showing that Moving Defendants' conduct was intended to injure Plaintiffs or was "despicable conduct" done with a "willful and conscious disregard of the rights or safety of others." (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704.) Plaintiffs' proffered amendments, however, justify leave to amend.

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/SKF) | |