In re the Mohammad Zamiri Living Trust, dated July 19, 2022

24PR002924: MOHAMMAD ZAMIRI LIVING TRUST 09/02/2026 Hearing on Motion - Other to Vacate and to Compel in Department 126

Tentative Ruling

NOTICE OF MOTION AND MOTION TO VACATE COURT’S ORDER GRANTING MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES – GENERAL, SET ONE; REQUEST FOR MONETARY SANCTIONS FOR COMMITTING FRAUD ON THE COURT Filed: 7/20/2026 Re: In re the Mohammad Zamiri Living Trust, dated July 19, 2022 MOVING PARTY: Azar Zamiri, Respondent Atty: Dan Near, (916) 987-0808 RESPONDING PARTY: Farah Zamiri, Co-Trustee Atty: Tyson Hubbard, Downey Brand (916) 444-1000

NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2526 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure § 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 126 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept126 and the Zoom Meeting ID is 161 3352 9231. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code § 68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-

24PR002924: MOHAMMAD ZAMIRI LIVING TRUST 09/02/2026 Hearing on Motion - Other to Vacate and to Compel in Department 126

13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING Respondent Azar Zamiri’s motion to vacate and request for sanctions is granted in part as follows.

Petitioner Farah Zamiri (“Petitioner”) filed a Petition for Instructions on October 3, 2024, seeking confirmation of ownership of various shares of a corporation, and compelling execution of documents that would confirm the sale of the corporation in question. Petitioner sought a motion to compel further responses after serving Respondent with form interrogatories, set one, on January 16, 2026. The motion was heard, and granted as to interrogatory 15.1 only, on July 1, 2026.

Respondent now seeks to vacate the order signed July 13, 2026, on the grounds that the order reflects incorrect interrogatories, and lists an incorrect date of the hearing on the motion to compel.

The Court notes the notice of motion must state in the first paragraph exactly what relief is granted and on what grounds. (Code Civ. Proc., § 1010.) The motion is presented as a motion to vacate, while the notice and moving papers cite only to Code of Civil Procedure, § 1008, which relates to applications for reconsideration “based upon new or different facts, circumstances, or law.” The Court generally cannot grant different relief, or relief based on different grounds, than specified in the notice of motion. (Luri v.

Greenwald (2003) 107 Cal.App.4th 1119, 1125.) However, an error or omission in a notice may be overlooked if the supporting papers make clear the grounds for the relief sought. (Id.; Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894, 908-909.) Here, Respondent seeks to “vacate” an order signed July 13, 2026, alleging the order contains errors that are not consistent with the Court’s actual ruling.

Respondent correctly points out that Petitioner withdrew her motion to compel as it relates to interrogatories 17.1, 50.1, 50.2, 50.3, 50.4, 50. (See Withdrawal, filed 5/29/2026.) The motion to compel was denied as to interrogatories 12.1-12.3, and was granted as to the remaining

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24PR002924: MOHAMMAD ZAMIRI LIVING TRUST 09/02/2026 Hearing on Motion - Other to Vacate and to Compel in Department 126

interrogatory, 15.1. (See, Minute Order, 7/1/2026.)

Petitioner opposes, in part, on the grounds that the notice of motion was made under Code of Civil Procedure, section 1008, yet seeks relief beyond the noticed authority. (Opposition, 2:6-8, 4:12-5:18.) The Court construes Respondent’s motion as a motion to vacate pursuant to Code of Civil Procedure, § 473. Even if the Court were to deny on the basis of a defective notice, the Court is empowered to correct clerical errors on its own motion “to confirm to the judgment or order directed.” (Code Civ. Proc., § 473(d).) The Court order at issue incorrectly lists the date of the hearing and the interrogatories that Respondent is required to answer. Accordingly, the motion to vacate pursuant to Code of Civil Procedure, § 473, subd. (d), is granted.

Respondent also seeks $25,000.00 pursuant to Code of Civil Procedure, § 128.5, arguing Petitioner’s counsel, by submitting an order with the incorrect interrogatories listed, “took these actions to commit fraud upon the Court.” The Court signed a proposed order which was filed prior to the withdrawal of several requests to compel further response. Respondent argues Petitioner engaged in fraudulent conduct by filings and serving a Notice of Entry of Order. The request for sanctions pursuant to Code of Civil Procedure, § 128.5 is denied, as it must be filed as a standalone motion after a court issues an order pursuant to subdivision (a). (Code Civ. Proc., § 128.5(f).)

The Court will sign the proposed order granting the motion to vacate and denying the request for sanctions.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)