California Legislature—2013–14 Regular Session

Assembly Bill No. 1183

Introduced by Assembly Member Jones

February 22, 2013

An act to amend Sections 2030.300, 2031.310, and 2033.290 of the Code of Civil Procedure, relating to civil discovery.

LEGISLATIVE COUNSEL’S DIGEST

AB 1183, as introduced, Jones. Civil discovery: motion to compel further response.

Existing law authorizes the propounding party, upon receipt of a response to interrogatories, a demand for document production, or requests for admissions, to move for an order compelling a further response under specified circumstances. Unless notice of this motion is given within 45 days of the service of the response, or any supplemental response, or any later agreed-upon date, the propounding party waives any right to compel a further response.

This bill would provide that the 45-day period from service of a response or supplemental response in which notice of a motion to compel further response to discovery or must occur, begins to run after the receipt of a verified response or supplemental verified response.

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 2030.300 of the Code of Civil Procedure
is amended to read:

2030.300.  

(a) On receipt of a response to interrogatories, the
propounding party may move for an order compelling a further
response if the propounding party deems that any of the following
apply:

(1) An answer to a particular interrogatory is evasive or
incomplete.

(2) An exercise of the option to produce documents under
Section 2030.230 is unwarranted or the required specification of
those documents is inadequate.

(3) An objection to an interrogatory is without merit or too
general.

(b) A motion under subdivision (a) 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 begin insert verified end insert response, or any supplemental begin insert verified end insert
response, or on or before any specific later date to which the
propounding party and the responding party have agreed in writing,
the propounding party waives any right to compel a further
response to the interrogatories.

(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 further response to interrogatories, 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.

(e) If a party then fails to obey an order compelling further
response to interrogatories, 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 begin insert , end insert or in addition to begin insert , end insert that sanction,
the court may impose a monetary sanction under Chapter 7
(commencing with Section 2023.010).

SEC. 2.  

Section 2031.310 of the Code of Civil Procedure is
amended to read:

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 begin insert verified end insert response, or any supplemental begin insert verified end insert
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 begin insert , end insert or in addition to begin insert , end insert
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.

SEC. 3.  

Section 2033.290 of the Code of Civil Procedure is
amended to read:

2033.290.  

(a) On receipt of a response to requests for
admissions, the party requesting admissions may move for an order
compelling a further response if that party deems that either or
both of the following apply:

(1) An answer to a particular request is evasive or incomplete.

(2) An objection to a particular request is without merit or too
general.

(b) A motion under subdivision (a) 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 begin insert verified end insert response, or any supplemental begin insert verified end insert
response, or any specific later date to which the requesting party
and the responding party have agreed in writing, the requesting
party waives any right to compel further response to the requests
for admission.

(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 further response, 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.

(e) If a party then fails to obey an order compelling further
response to requests for admission, the court may order that the
matters involved in the requests be deemed admitted. In lieu of begin insert , end insert
or in addition to begin insert , end insert this order, the court may impose a monetary
sanction under Chapter 7 (commencing with Section 2023.010).