TXTSMARTER LLC, ET AL. VS. NURI OTUS

September 10, 2025 Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________

02:00 PM LINE 5 23-CIV-02684 TXTSMARTER LLC, ET AL. VS. NURI OTUS

TXTSMARTER LLC, ET AL. DIANE AQUI NURI OTUS PRO SE

Plaintiff’s Motion to Compel

TENTATIVE RULING:

Plaintiffs TXTSmarter LLC and TextSmarter, Inc.’s unopposed Motion for Order Compelling Discovery Responses Without Objections and Document Production is GRANTED. Defendant Nuri Otus shall serve discovery responses without objections and produce responsive documents within thirty (30) days of notice of entry of the formal order. Further, Otus is ORDERED TO PAY sanctions to plaintiffs’ counsel in the amount of $1,529.00, within thirty (30) days of notice of entry of the formal order.

On January 29, 2026, plaintiffs filed motion to compel Otus to serve responses to and produce documents in response to their Request for Production of Documents, Set Two, which was served on defendant on December 2, 2025. Otus did not timely provide substantive responses, but stated by email to plaintiffs’ council that he was moving “was temporarily unable to locate the documents requested.” (MPA at p. 3, citing Declaration of Diane Aqui ¶ 5.)

Plaintiffs have now moved for an order compelling defendant to respond and to produce documents. (Code Civ. Proc., § 2031.300, subd. (b).) By not responding, Otus has “waive[d] any objection to the demand, including one based on privilege or on the protection for work product . . .” (Id., subd. (a).) Plaintiffs’ motion is therefore granted in full.

Otus is further ordered to pay sanctions to plaintiffs’ counsel in the amount of $1,529.00. (MPA, at p. 6; Aqui Decl., ¶ 7.)

If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, plaintiff’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.