Motion to Compel Discovery
23CV029995: TRAN vs RF AGRICULTURE, INC, et al. 05/26/2026 Hearing on Motion to Compel Discovery (not "Further Discovery") filed by RF AGRICULTURE, INC (Cross-Complainant) CRS# 191231021955 in Department 512
Tentative Ruling - 05/22/2026 Jenna Whitman
The Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion filed by RF AGRICULTURE, INC on 04/24/2026 is Granted in Part.
Defendant/cross-complainant RF Agriculture, Inc.s (RFA) Motion to Compel Plaintiff and cross-Defendant Eric Trans (Plaintiff) initial Responses to RFAs Requests for Production of Documents (RFPD) Nos. 1-24 is GRANTED IN PART.
RFA served its RFPD on Plaintiff by email on 10/8/2025. (McClaren Dec. ¶ 4.) Responses were due on 11/10/2025. When RFA had not received verified responses by 11/14/2025, RFA sent an email to Plaintiff advising that it had not received responses and that Plaintiff had waived any objections to the RFPD. (Id. at ¶¶ 6-7.)
Thereafter, Plaintiff requested extensions of time to serve verified responses, first until 1/30/2026 and then 2/20/2026, both of which extensions RFA granted. However, Plaintiff did not serve responses by 2/20/2026. (Id. at ¶¶ 8-9.)
RFA filed this motion on 4/24/2026. Plaintiff in Opposition presents evidence that he attempted to service RFA with his responses on 3/26/2026, but his counsels offices served the wrong attorney. On 4/24/2026, RFA filed this motion.
The Court has no record that RFA filed any Opposition papers or provided electronic courtesy copies to Dept. 512s email box for that purpose. The Court thus assumes that the responses served by Plaintiff on 4/24/2026 are acceptable to RFA.
The Court AWARDS RFA a monetary sanction payable by Plaintiff and Plaintiffs counsel of record in the amount of $3,060 as the reasonable cost to file the motion under the circumstances. A motion to compel pursuant to CCP § 2031.300 does not require an hourly rate of $695. Even though Plaintiff attempted to serve responses on 3/26/2026, this is still more than a month after Plaintiff had promised to serve responses on 2/20/2026, more than four months after the RFPD had been served.
CONTESTING TENTATIVE RULINGS
PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.
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Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing date. 23CV029995: TRAN vs RF AGRICULTURE, INC, et al. 05/26/2026 Hearing on Motion to Compel Discovery (not "Further Discovery") filed by RF AGRICULTURE, INC (Cross-Complainant) CRS# 191231021955 in Department 512
To contest a tentative ruling, a party should do the following:
First, the party must notify Department 512, by email at Dept512@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.
Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."
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