HARRIS vs TURNER-RILEY, et al.

26CV189299: HARRIS vs TURNER-RILEY, et al. 08/31/2026 Hearing on Motion to Compel Discovery (not "Further Discovery") filed by RUSSELL D. HARRIS (Plaintiff) CRS# 337356398744 in Department 511

Tentative Ruling - 08/27/2026 Lupe Garcia

The Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion filed by RUSSELL D. HARRIS on 08/06/2026 is Granted.

NOTICE: All attorneys and unrepresented parties who contest the tentative ruling and request an opportunity to present their arguments at the hearing must notify all other parties of their intention to appear by telephone or in person no later than the day before the hearing, by 4:00 p.m. PT. Parties and attorneys must also formally indicate their objection on eCourt and by sending an email message to the Department 511 clerk at Dept511@alameda.courts.ca.gov. The parties and attorneys must clearly indicate in their email messages the name of the case and the case number. The tentative ruling will become the ruling of the Court if the Court has not directed oral argument by its tentative ruling and notice of a party’s intent to appear is not received by the deadline. See California Rule of Court 3.1308(a)(1) and Alameda County Superior Court Local Rule 3.30(d).

The motion of Plaintiff Russell D. Harris to compel Defendant Sabrina Cupid to serve verified responses to Plaintiff’s requests for production of documents, set one (nos. 1-4), pursuant to CCP §§ 1170.8 and 2031.300(a), is GRANTED.

Plaintiff filed his Complaint against Defendants Marion S. Turner-Riley, April Wanda Dee Riley and Sabrina Cupid for unlawful detainer on May 22, 2026. Plaintiff’s unlawful detainer claim is based on his acquisition of title to the property located at 51 Elysian Fields Drive, in Oakland, at a trustee’s sale on April 9, 2026, and the subsequent perfecting of title on April 28, 2026. See CCP § 1161a(b)(3). Defendant Turner-Riley is the former owner of the property and the trustor of the deed of trust executed on November 19, 2021. Defendants April Wanda Dee Riley and Sabrina Cupid are allegedly the daughters of Turner-Riley.

On July 21, 2026, Plaintiff served the subject requests for production of documents on Defendant by overnight mail. Plaintiff mailed the requests for production by using the address on the caption of Defendant’s Answer to Complaint, 51 Elysian Fields Drive, Oakland, CA 94605. Plaintiff Harris filed his motion on August 6, 2026, and he gave Defendant adequate notice of the August 31, 2026 hearing pursuant to CCP § 1170.8. The Court finds that Plaintiff’s requests for production are narrowly drawn and seek the production of documents that are relevant to the claims and defenses in this case. See CCP § 2017.010. Defendant failed to serve her responses to the requests for production of documents by the July 28, 2026 deadline. See CCP §§ 1013(c) and 2031.260(b).

Plaintiff’s request that the Court order Defendant to pay a monetary sanction in the sum of $680.00, pursuant to CCP §§ 2023.030(a) and 2031.300(d), is GRANTED IN PART. Plaintiff is entitled to reimbursement of the reasonably incurred attorney’s fees as the prevailing party on the 26CV189299: HARRIS vs TURNER-RILEY, et al. 08/31/2026 Hearing on Motion to Compel Discovery (not "Further Discovery") filed by RUSSELL D. HARRIS (Plaintiff) CRS# 337356398744 in Department 511 motion. Counsel established that his $400.00 hourly billing rate is reasonable when compared with the rates charged by other landlord-tenant attorneys in the San Francisco Bay Area.

The Court, however, finds that counsel did not reasonably spend 1.7 hours preparing the motion to compel and responding to Defendant’s opposition. Defendant Cupid did not file an opposition to the motion to compel. The Court instead awards Plaintiff the sum of $480.00. Defendant shall have until September 23, 2026 to pay the discovery sanction by sending a check in the sum of $480.00 to Plaintiff’s attorneys in Southern California by mail.

The Court will prepare the order. The court clerk will deliver a copy of the order to the parties. Plaintiff shall file and serve the notice of entry of order no later than September 4, 2026. Defendant shall serve her verified responses to Plaintiff’s requests for production and produce all responsive documents within five days of the date of service of the notice of entry of order. Defendant has waived her right to assert objections because she did not assert them timely. See CCP § 2031.300(a).

Defendant is advised of her obligation to deliver courtesy copies of all papers filed in support of or in opposition to a motion to Department 511 no later than the court day immediately after their filing with the Clerk’s Office. Defendant’s obligation to deliver courtesy copies is derived from the Department 511 standing orders and Rule 3.30(c) of the Alameda County Superior Court Local Rules.