BILL NUMBER: AB 238	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 3, 2011

   An act to amend Section 2031.240 of the Code of Civil Procedure,
relating to discovery.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 238, as introduced, Huber. Civil procedure: discovery:
objections.
   The Civil Discovery Act permits a party to a civil action to
obtain discovery, as specified, by inspecting documents, tangible
things, and land or other property in the possession of any other
party to the action. The act provides for procedures that must be
followed when the responding party objects to part or all of an
inspection demand.
   This bill would authorize the party making the demand to move for
an order to require the responding party to produce a privilege log
when that party objects to a demand on the basis of privilege or work
product, as specified. If the court, in its discretion, determines
that a privilege log is necessary in order to determine the validity
of the claim, the court shall order the party claiming the privilege
to prepare and serve a privilege log upon the terms and conditions
deemed appropriate by the court.
   The bill would specify that the parties may voluntarily comply
with these provisions or stipulate that all parties will comply with
these provisions. The bill would require that the compliance be
presumed to satisfy existing provisions related to objecting to a
demand for inspection.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2031.240 of the Code of Civil Procedure is
amended to read:
   2031.240.  (a) If only part of an item or category of item in
 a   an inspection  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   inspection
 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   land  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. 
   (c) When the responding party objects to a demand on the basis of
privilege or work product, the party making the demand may move for
an order requiring the responding party to produce a privilege log.
The motion shall comply with the requirements of Section 2031.310.
 
   (1) If the court, in its discretion, determines that a privilege
log is necessary in order to determine the validity of the claim, the
court shall order the party claiming the privilege to prepare and
serve a privilege log upon the terms and conditions deemed
appropriate by the court.  
   (2) Unless otherwise ordered by the court, the privilege log shall
include, as to each item for which a claim of privilege or other
protection from discovery has been made, all of the following: 

   (A) The author or authors.  
   (B) The recipient or recipients.  
   (C) The date or dates.  
   (D) The length.  
   (E) The nature of the document or its intended purpose.  

   (F) The basis for the objection.  
   (3) The parties may voluntarily comply with this subdivision or
stipulate that all parties will comply with this subdivision. That
compliance shall be presumed to satisfy the standard set forth in
subdivision (b).