Amended in Assembly March 30, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2020

Introduced by Assembly Member Obernolte

February 16, 2016

An act to amend begin delete Section end delete begin insert Sections 2020.410 and end insert 2025.270 of the Code of Civil Procedure, relating to depositions.

LEGISLATIVE COUNSEL’S DIGEST

AB 2020, as amended, Obernolte. Discovery: depositions.

begin insert Existing law provides that a deposition subpoena that commands only the production of business records for copying shall command compliance on a date that is no earlier than 20 days after the issuance, or 15 days after the service, of the end insert begin insert subpoena, whichever is later. end insert Existing law begin insert also end insert 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 begin insert a deposition subpoena commanding the production of business records to command compliance at least 15 days after the service of the subpoena. It would also require end insert begin delete the end delete begin insert a end insert deposition begin insert end insert begin insert to produce personal records of a consumer or employment records of an employee end insert to be scheduled begin delete no earlier than 20 days after the issuance, or 15 end delete begin insert at least 20 end insert days after begin delete the service, end delete begin insert service end insert of the begin delete deposition subpoena, whichever date is later. end delete begin insert subpoena. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2020.410 of the end insert begin insert Code of Civil Procedure end insert

begin insert is amended to read: end insert

2020.410.  

(a) A deposition subpoena that commands only the
production of business records for copying shall designate the
business records to be produced either by specifically describing
each individual item or by reasonably particularizing each category
of item, and shall specify the form in which any electronically
stored information is to be produced, if a particular form is desired.

(b) Notwithstanding subdivision (a), specific information
identifiable only to the deponent’s records system, like a policy
number or the date when a consumer interacted with the witness,
is not required.

(c) A deposition subpoena that commands only the production
of business records for copying need not be accompanied by an
affidavit or declaration showing good cause for the production of
the business records designated in it. It shall be directed to the
custodian of those records or another person qualified to certify
the records. It shall command compliance in accordance with
Section 2020.430 on a date that is begin delete no earlier than 20 days after the
issuance, or end delete begin insert at least end insert 15 days after the begin delete service, end delete begin insert service end insert of the
deposition begin delete subpoena, whichever date is later. end delete begin insert subpoena. end insert

(d) If, under Section 1985.3 or 1985.6, the one to whom the
deposition subpoena is directed is a witness, and the business
records described in the deposition subpoena are personal records
pertaining to a consumer, the service of the deposition subpoena
shall be accompanied either by a copy of the proof of service of
the notice to the consumer described in subdivision (e) of Section
1985.3, or subdivision (b) of Section 1985.6, as applicable, or by
the consumer’s written authorization to release personal records
described in paragraph (2) of subdivision (c) of Section 1985.3,
or paragraph (2) of subdivision (c) of Section 1985.6, as applicable.

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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 begin delete that is no earlier than end delete begin insert at least end insert 20 days
after the begin delete issuance, or 15 days after the service, end delete begin insert service end insert of the
deposition begin delete subpoena, whichever date is later. end delete begin insert subpoena. end insert

(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.