AARON GREENSPAN VS. ELON MUSK ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, September 17, 2025, Line 3. PLAINTIFF AARON GREENSPAN's Motion To Compel Production Of Documents To Requests For Production From Omar Qazi.

Plaintiff Aaron Greenspan's motion to compel production of documents from Defendant Omar Qazi is denied. Plaintiff's motion is untimely per Code of Civil Procedure section 1005. The motion was not only untimely served, but it was also untimely filed. The court denies the motion on the latter grounds. Plaintiff contends that Defendant waived untimely service by filing an opposition addressing the merits. In fact, Defendant has objected to the improper service and the court finds no waiver has occurred. (See Opp. at p. 1.) Regardless, it remains the case the motion was not timely filed.

The motion is otherwise defective, and these defects provide alternative grounds for denial. First, Plaintiff move to compel responses to discovery requests made under the jurisdiction of the federal court pursuant to the Federal Rules of Civil Procedure. (See Greenspan Decl., Ex. C.) The court declines to exercise jurisdiction over discovery not propounded under state law.

Further, Plaintiff made his discovery requests on November 24, 2024. (See ibid.) The federal judge stayed discovery on December 2, 2024, and it is unclear when or if the stay was lifted. (See 7/28/25 Record Remand.) Based on this record, the court cannot determine when the discovery responses were due, if ever, and Plaintiff has not demonstrated Defendant failed to respond under the applicable (i.e., federal) rules. Thus, the court cannot order Defendant to respond to the federal discovery or find he waived his objections. To be clear, any discovery motion must be based on a discovery request made under California, not federal, law and must be consistent with California law, including the California Code of Civil Procedure, the California Rules of Court, and this court's Local Rules.

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