SECTIONS 2031.210-2031.320 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2031.210-2031.320

2031.210. (a) The party to whom a demand for inspection, copying,
testing, or sampling has been directed shall respond separately to
each item or category of item by any of the following:
(1) A statement that the party will comply with the particular
demand for inspection, copying, testing, or sampling by the date set
for the inspection, copying, testing, or sampling pursuant to
paragraph (2) of subdivision (c) of Section 2031.030 and any related
activities.
(2) A representation that the party lacks the ability to comply
with the demand for inspection, copying, testing, or sampling of a
particular item or category of item.
(3) An objection to the particular demand for inspection, copying,
testing, or sampling.
(b) In the first paragraph of the response immediately below the
title of the case, there shall appear the identity of the responding
party, the set number, and the identity of the demanding party.
(c) Each statement of compliance, each representation, and each
objection in the response shall bear the same number and be in the
same sequence as the corresponding item or category in the demand,
but the text of that item or category need not be repeated.
(d) If a party objects to the discovery of electronically stored
information on the grounds that it is from a source that is not
reasonably accessible because of undue burden or expense and that the
responding party will not search the source in the absence of an
agreement with the demanding party or court order, the responding
party shall identify in its response the types or categories of
sources of electronically stored information that it asserts are not
reasonably accessible. By objecting and identifying information of a
type or category of source or sources that are not reasonably
accessible, the responding party preserves any objections it may have
relating to that electronically stored information.

2031.220. A statement that the party to whom a demand for
inspection, copying, testing, or sampling has been directed will
comply with the particular demand shall state that the production,
inspection, copying, testing, or sampling, and related activity
demanded, will be allowed either in whole or in part, and that all
documents or things in the demanded category that are in the
possession, custody, or control of that party and to which no
objection is being made will be included in the production.

2031.230. A representation of inability to comply with the
particular demand for inspection, copying, testing, or sampling shall
affirm that a diligent search and a reasonable inquiry has been made
in an effort to comply with that demand. This statement shall also
specify whether the inability to comply is because the particular
item or category has never existed, has been destroyed, has been
lost, misplaced, or stolen, or has never been, or is no longer, in
the possession, custody, or control of the responding party. The
statement shall set forth the name and address of any natural person
or organization known or believed by that party to have possession,
custody, or control of that item or category of item.

2031.240. (a) If only part of an item or category of item in a
demand for inspection, copying, testing, or sampling is
objectionable, the response shall contain a statement of compliance,
or a representation of inability to comply with respect to the
remainder of that item or category.
(b) If the responding party objects to the demand for inspection,
copying, testing, or sampling of an item or category of item, the
response shall do both of the following:
(1) Identify with particularity any document, tangible thing,
land, or electronically stored information falling within any
category of item in the demand to which an objection is being made.
(2) Set forth clearly the extent of, and the specific ground for,
the objection. If an objection is based on a claim of privilege, the
particular privilege invoked shall be stated. If an objection is
based on a claim that the information sought is protected work
product under Chapter 4 (commencing with Section 2018.010), that
claim shall be expressly asserted.

2031.250. (a) The party to whom the demand for inspection, copying,
testing, or sampling is directed shall sign the response under oath
unless the response contains only objections.
(b) If that party is a public or private corporation or a
partnership or association or governmental agency, one of its
officers or agents shall sign the response under oath on behalf of
that party. If the officer or agent signing the response on behalf of
that party is an attorney acting in that capacity for a party, that
party waives any lawyer-client privilege and any protection for work
product under Chapter 4 (commencing with Section 2018.010) during any
subsequent discovery from that attorney concerning the identity of
the sources of the information contained in the response.
(c) The attorney for the responding party shall sign any responses
that contain an objection.

2031.260. (a) Within 30 days after service of a demand for
inspection, copying, testing, or sampling, the party to whom the
demand is directed shall serve the original of the response to it on
the party making the demand, and a copy of the response on all other
parties who have appeared in the action, unless on motion of the
party making the demand, the court has shortened the time for
response, or unless on motion of the party to whom the demand has
been directed, the court has extended the time for response.
(b) Notwithstanding subdivision (a), in an unlawful detainer
action or other proceeding under Chapter 4 (commencing with Section
1159) of Title 3 of Part 3, the party to whom a demand for
inspection, copying, testing, or sampling is directed shall have at
least five days from the date of service of the demand to respond,
unless on motion of the party making the demand, the court has
shortened the time for the response, or unless on motion of the party
to whom the demand has been directed, the court has extended the
time for response.

2031.270. (a) The party demanding inspection, copying, testing, or
sampling and the responding party may agree to extend the date for
the inspection, copying, testing, or sampling or the time for service
of a response to a set of demands, or to particular items or
categories of items in a set, to a date or dates beyond those
provided in Sections 2031.030, 2031.210, 2031.260, and 2031.280.
(b) This agreement may be informal, but it shall be confirmed in a
writing that specifies the extended date for inspection, copying,
testing, or sampling, or for the service of a response.
(c) Unless this agreement expressly states otherwise, it is
effective to preserve to the responding party the right to respond to
any item or category of item in the demand to which the agreement
applies in any manner specified in Sections 2031.210, 2031.220,
2031.230, 2031.240, and 2031.280.

2031.280. (a) Any documents produced in response to a demand for
inspection, copying, testing, or sampling shall either be produced as
they are kept in the usual course of business, or be organized and
labeled to correspond with the categories in the demand.
(b) The documents shall be produced on the date specified in the
demand pursuant to paragraph (2) of subdivision (c) of Section
2031.030, unless an objection has been made to that date. If the date
for inspection has been extended pursuant to Section 2031.270, the
documents shall be produced on the date agreed to pursuant to that
section.
(c) If a party responding to a demand for production of
electronically stored information objects to a specified form for
producing the information, or if no form is specified in the demand,
the responding party shall state in its response the form in which it
intends to produce each type of information.
(d) Unless the parties otherwise agree or the court otherwise
orders, the following shall apply:
(1) If a demand for production does not specify a form or forms
for producing a type of electronically stored information, the
responding party shall produce the information in the form or forms
in which it is ordinarily maintained or in a form that is reasonably
usable.
(2) A party need not produce the same electronically stored
information in more than one form.
(e) If necessary, the responding party at the reasonable expense
of the demanding party shall, through detection devices, translate
any data compilations included in the demand into reasonably usable
form.

2031.285. (a) If electronically stored information produced in
discovery is subject to a claim of privilege or of protection as
attorney work product, the party making the claim may notify any
party that received the information of the claim and the basis for
the claim.
(b) After being notified of a claim of privilege or of protection
under subdivision (a), a party that received the information shall
immediately sequester the information and either return the specified
information and any copies that may exist or present the information
to the court conditionally under seal for a determination of the
claim.
(c) (1) Prior to the resolution of the motion brought under
subdivision (d), a party shall be precluded from using or disclosing
the specified information until the claim of privilege is resolved.
(2) A party who received and disclosed the information before
being notified of a claim of privilege or of protection under
subdivision (a) shall, after that notification, immediately take
reasonable steps to retrieve the information.
(d) (1) If the receiving party contests the legitimacy of a claim
of privilege or protection, he or she may seek a determination of the
claim from the court by making a motion within 30 days of receiving
the claim and presenting the information to the court conditionally
under seal.
(2) Until the legitimacy of the claim of privilege or protection
is resolved, the receiving party shall preserve the information and
keep it confidential and shall be precluded from using the
information in any manner.

2031.290. (a) The demand for inspection, copying, testing, or
sampling, and the response to it, shall not be filed with the court.
(b) The party demanding an inspection, copying, testing, or
sampling shall retain both the original of the demand, with the
original proof of service affixed to it, and the original of the
sworn response until six months after final disposition of the
action. At that time, both originals may be destroyed, unless the
court, on motion of any party and for good cause shown, orders that
the originals be preserved for a longer period.

2031.300. If a party to whom a demand for inspection, copying,
testing, or sampling is directed fails to serve a timely response to
it, the following rules shall apply:
(a) The party to whom the demand for inspection, copying, testing,
or sampling is directed waives any objection to the demand,
including one based on privilege or on the protection for work
product under Chapter 4 (commencing with Section 2018.010). The
court, on motion, may relieve that party from this waiver on its
determination that both of the following conditions are satisfied:
(1) The party has subsequently served a response that is in
substantial compliance with Sections 2031.210, 2031.220, 2031.230,
2031.240, and 2031.280.
(2) The party's failure to serve a timely response was the result
of mistake, inadvertence, or excusable neglect.
(b) The party making the demand may move for an order compelling
response to the demand.
(c) Except as provided in subdivision (d), the court shall impose
a monetary sanction under Chapter 7 (commencing with Section
2023.010) against any party, person, or attorney who unsuccessfully
makes or opposes a motion to compel a response to a demand for
inspection, copying, testing, or sampling, unless it finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.
If a party then fails to obey the order compelling a response, the
court may make those orders that are just, including the imposition
of an issue sanction, an evidence sanction, or a terminating sanction
under Chapter 7 (commencing with Section 2023.010). In lieu of or in
addition to this sanction, the court may impose a monetary sanction
under Chapter 7 (commencing with Section 2023.010).
(d) (1) Notwithstanding subdivision (c), absent exceptional
circumstances, the court shall not impose sanctions on a party or any
attorney of a party for failure to provide electronically stored
information that has been lost, damaged, altered, or overwritten as a
result of the routine, good faith operation of an electronic
information system.
(2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.

2031.310. (a) On receipt of a response to a demand for inspection,
copying, testing, or sampling, the demanding party may move for an
order compelling further response to the demand if the demanding
party deems that any of the following apply:
(1) A statement of compliance with the demand is incomplete.
(2) A representation of inability to comply is inadequate,
incomplete, or evasive.
(3) An objection in the response is without merit or too general.
(b) A motion under subdivision (a) shall comply with both of the
following:
(1) The motion shall set forth specific facts showing good cause
justifying the discovery sought by the demand.
(2) The motion shall be accompanied by a meet and confer
declaration under Section 2016.040.
(c) Unless notice of this motion is given within 45 days of the
service of the response, or any supplemental response, or on or
before any specific later date to which the demanding party and the
responding party have agreed in writing, the demanding party waives
any right to compel a further response to the demand.
(d) In a motion under subdivision (a) relating to the production
of electronically stored information, the party or affected person
objecting to or opposing the production, inspection, copying,
testing, or sampling of electronically stored information on the
basis that the information is from a source that is not reasonably
accessible because of the undue burden or expense shall bear the
burden of demonstrating that the information is from a source that is
not reasonably accessible because of undue burden or expense.
(e) If the party or affected person from whom discovery of
electronically stored information is sought establishes that the
information is from a source that is not reasonably accessible
because of the undue burden or expense, the court may nonetheless
order discovery if the demanding party shows good cause, subject to
any limitations imposed under subdivision (g).
(f) If the court finds good cause for the production of
electronically stored information from a source that is not
reasonably accessible, the court may set conditions for the discovery
of the electronically stored information, including allocation of
the expense of discovery.
(g) The court shall limit the frequency or extent of discovery of
electronically stored information, even from a source that is
reasonably accessible, if the court determines that any of the
following conditions exists:
(1) It is possible to obtain the information from some other
source that is more convenient, less burdensome, or less expensive.
(2) The discovery sought is unreasonably cumulative or
duplicative.
(3) The party seeking discovery has had ample opportunity by
discovery in the action to obtain the information sought.
(4) The likely burden or expense of the proposed discovery
outweighs the likely benefit, taking into account the amount in
controversy, the resources of the parties, the importance of the
issues in the litigation, and the importance of the requested
discovery in resolving the issues.
(h) Except as provided in subdivision (j), the court shall impose
a monetary sanction under Chapter 7 (commencing with Section
2023.010) against any party, person, or attorney who unsuccessfully
makes or opposes a motion to compel further response to a demand,
unless it finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.
(i) Except as provided in subdivision (j), if a party fails to
obey an order compelling further response, the court may make those
orders that are just, including the imposition of an issue sanction,
an evidence sanction, or a terminating sanction under Chapter 7
(commencing with Section 2023.010). In lieu of or in addition to that
sanction, the court may impose a monetary sanction under Chapter 7
(commencing with Section 2023.010).
(j) (1) Notwithstanding subdivisions (h) and (i), absent
exceptional circumstances, the court shall not impose sanctions on a
party or any attorney of a party for failure to provide
electronically stored information that has been lost, damaged,
altered, or overwritten as the result of the routine, good faith
operation of an electronic information system.
(2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.

2031.320. (a) If a party filing a response to a demand for
inspection, copying, testing, or sampling under Sections 2031.210,
2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permit
the inspection, copying, testing, or sampling in accordance with
that party's statement of compliance, the demanding party may move
for an order compelling compliance.
(b) Except as provided in subdivision (d), the court shall impose
a monetary sanction under Chapter 7 (commencing with Section
2023.010) against any party, person, or attorney who unsuccessfully
makes or opposes a motion to compel compliance with a demand, unless
it finds that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust.
(c) Except as provided in subdivision (d), if a party then fails
to obey an order compelling inspection, copying, testing, or
sampling, the court may make those orders that are just, including
the imposition of an issue sanction, an evidence sanction, or a
terminating sanction under Chapter 7 (commencing with Section
2023.010). In lieu of or in addition to that sanction, the court may
impose a monetary sanction under Chapter 7 (commencing with Section
2023.010).
(d) (1) Notwithstanding subdivisions (b) and (c), absent
exceptional circumstances, the court shall not impose sanctions on a
party or any attorney of a party for failure to provide
electronically stored information that has been lost, damaged,
altered, or overwritten as the result of the routine, good faith
operation of an electronic information system.
(2) This subdivision shall not be construed to alter any
obligation to preserve discoverable information.