MICHAEL OLIVERI ET AL VS. USA CAB LLC ET AL

Matter on the Law & Motion/Discovery Calendar for Tuesday, October 8, 2025, line 6, DEFENDANT JOUINI NAIM, USA CAB "LLC" Motion To Compel Plaintiff'S Written Discovry Responses And For Imposition Of Monetary Sanctions (tentative ruling part 1 of 2)

Defendant USA Cab LLC's motion to compel further responses to discovery from Michael Oliveri and Renee Oliveri, and for sanctions, is granted in part and denied in part.

USA Cab moves to compel delinquent responses to the following discovery: Form Interrogatories, Set One; Special Interrogatories, Set One; Request for Production of Documents, Set One; Requests for Admission, Set One; and Request for Statement of Damages. The Oliveris have not served responses. (Distefano Decl. para. 11.)

The court grants the motion and compels responses as to the form and special interrogatories, requests for production, and request for statement of damages. With respect to the interrogatories and RFPs, the Oliveris failed to timely respond to this discovery and have thereby waived objections. (Code Civ. Proc., sections 2030.290, subd. (a); 2031.300, subd. (a).) The Oliveris are ordered to serve verified responses, without objections, within 10 court days of entry of this order. The court orders the Oliveris to provide a statement of damages within 10 court days of entry of this order. (Code Civ. Proc., section 425.11, subd. (b).)

With respect to the RFAs, a failure to respond does not give rise to a motion to compel responses. Rather, the remedy set out in the Code is that the propounding party may seek a deemed-admitted order. (See Code Civ. Proc., section 2033.280.) The court denies USA Cab's motion to compel further responses to RFAs without prejudice to a subsequent motion for a deemed-admitted order.

The relevant statutes and court rules provide that a party who does not respond to a discovery motion or who unsuccessfully opposes a discovery motion shall be sanctioned unless the court finds the party acted with substantial justification or other circumstances make imposition of the sanction unjust. (See Code Civ. Proc., section 2030.290, subd. (c); id., section 2031.300(c); Cal. Rules of Court, Rule 3.1348, subd. (a).)

The court does not find substantial justification and orders sanctions against the Oliveris and their attorney of record Jeffrey Hinrichsen, jointly and severally, in the amount of $1047.50. Sanctions shall be paid within 30 days of entry of this order. (end of tentative ruling part 1, see part 2) | |