BILL NUMBER: AB 2020	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Obernolte

                        FEBRUARY 16, 2016

   An act to amend Section 2025.270 of the Code of Civil Procedure,
relating to depositions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2020, as introduced, Obernolte. Discovery: depositions.
   Existing law provides that a deposition to produce personal
records of a consumer or employment records of an employee must be
scheduled at least 20 days after the issuance of the subpoena.
   This bill would instead require the deposition to be scheduled no
earlier than 20 days after the issuance, or 15 days after the
service, of the deposition subpoena, whichever date is later.
   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 2025.270 of the Code of Civil Procedure is
amended to read:
   2025.270.  (a) An oral deposition shall be scheduled for a date at
least 10 days after service of the deposition notice.
   (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, an oral deposition shall be scheduled for
a date at least five days after service of the deposition notice,
but not later than five days before trial.
   (c) Notwithstanding subdivisions (a) and (b), if, as defined in
Section 1985.3 or 1985.6, the party giving notice of the deposition
is a subpoenaing party, and the deponent is a witness commanded by a
deposition subpoena to produce personal records of a consumer or
employment records of an employee, the deposition shall be scheduled
for a date  at least   that is no earlier than
 20 days after  the  issuance  , or 15 days after
the service,  of  that   the deposition
 subpoena  , whichever date is later  .
   (d) On motion or ex parte application of any party or deponent,
for good cause shown, the court may shorten or extend the time for
scheduling a deposition, or may stay its taking until the
determination of a motion for a protective order under Section
2025.420.