BILL NUMBER: SB 447	CHAPTERED  06/28/99

	CHAPTER   48
	FILED WITH SECRETARY OF STATE   JUNE 28, 1999
	APPROVED BY GOVERNOR   JUNE 28, 1999
	PASSED THE ASSEMBLY   JUNE 14, 1999
	PASSED THE SENATE   APRIL 8, 1999
	AMENDED IN SENATE   APRIL 6, 1999

INTRODUCED BY   Senator Dunn

                        FEBRUARY 17, 1999

   An act to amend Section 2031 of the Code of Civil Procedure,
relating to discovery.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 447, Dunn.  Discovery:  inspection demands.
   Existing law provides that any party may obtain discovery, as
specified, by inspecting documents, tangible things, and land or
other property that are in the possession, custody, or control of any
other party to the action.
   This bill would provide that any party may propound a supplemental
demand for inspection to inspect any later acquired or discovered
documents, tangible things, or land or other property that are in the
possession, custody, or control of the party on whom the demand is
made, under specified conditions, and would also provide that on
motion, for good cause shown, the court may grant leave to a party to
propound an additional number of supplemental demands for
inspection, as specified.


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


  SECTION 1.  Section 2031 of the Code of Civil Procedure is amended
to read:
   2031.  (a) Any party may obtain discovery within the scope
delimited by Section 2017, and subject to the restrictions set forth
in Section 2019, by inspecting documents, tangible things, and land
or other property that are in the possession, custody, or control of
any other party to the action.
   (1) A party may demand that any other party produce and permit the
party making the demand, or someone acting on that party's behalf,
to inspect and to copy a document that is in the possession, custody,
or control of the party on whom the demand is made.
   (2) A party may demand that any other party produce and permit the
party making the demand, or someone acting on that party's behalf,
to inspect and to photograph, test, or sample any tangible things
that are in the possession, custody, or control of the party on whom
the demand is made.
   (3) A party may demand that any other party allow the party making
the demand, or someone acting on that party's behalf, to enter on
any land or other property that is in the possession, custody, or
control of the party on whom the demand is made, and to inspect and
to measure, survey, photograph, test, or sample the land or other
property, or any designated object or operation on it.
   (b) A defendant may make a demand for inspection without leave of
court at any time.  A plaintiff may make a demand for inspection
without leave of court at any time that is 10 days after the service
of the summons on, or in unlawful detainer actions within five days
after service of the summons on or appearance by, the party to whom
the demand is directed, whichever occurs first.  However, on motion
with or without notice, the court, for good cause shown, may grant
leave to a plaintiff to make an inspection demand at an earlier time.

   (c) A party demanding an inspection shall number each set of
demands consecutively.  In the first paragraph immediately below the
title of the case, there shall appear the identity of the demanding
party, the set number, and the identity of the responding party.
Each demand in a set shall be separately set forth, identified by
number or letter, and shall do all of the following:
   (1) Designate the documents, tangible things, or land or other
property to be inspected either by specifically describing each
individual item or by reasonably particularizing each category of
item.
   (2) Specify a reasonable time for the inspection that is at least
30 days after service of the demand, or in unlawful detainer actions
at least five days after service of the demand, unless the court for
good cause shown has granted leave to specify an earlier date.
   (3) Specify a reasonable place for making the inspection, copying,
and performing any related activity.
   (4) Specify any related activity that is being demanded in
addition to an inspection and copying, as well as the manner in which
that related activity will be performed, and whether that activity
will permanently alter or destroy the item involved.
   (d) The party demanding an inspection shall serve a copy of the
inspection demand on the party to whom it is directed and on all
other parties who have appeared in the action.
   (e) In addition to the inspection demands permitted by this
section, a party may propound a supplemental demand to inspect any
later acquired or discovered documents, tangible things, or land or
other property that are in the possession, custody, or control of the
party on whom the demand is made, provided that a demand for
inspection was previously served by the demanding party (1) twice
prior to the initial setting of a trial date, and (2) subject to the
time limits on discovery proceedings and motions provided in Section
2024, once after the initial setting of a trial date.  However, on
motion, for good cause shown, the court may grant leave to a party to
propound an additional number of supplemental demands for
inspection.
   (f) When an inspection of documents, tangible things or places has
been demanded, the party to whom the demand has been directed, and
any other party or affected person or organization, may promptly move
for a protective order.  This motion shall be accompanied by a
declaration stating facts showing a reasonable and good faith attempt
at an informal resolution of each issue presented by the motion.
   The court, for good cause shown, may make any order that justice
requires to protect any party or other natural person or organization
from unwarranted annoyance, embarrassment, or oppression, or undue
burden and expense.  This protective order may include, but is not
limited to, one or more of the following directions:
   (1) That all or some of the items or categories of items in the
inspection demand need not be produced or made available at all.
   (2) That the time specified in subdivision (i) to respond to the
set of inspection demands, or to a particular item or category in the
set, be extended.
   (3) That the place of production be other than that specified in
the inspection demand.
   (4) That the inspection be made only on specified terms and
conditions.
   (5) That a trade secret or other confidential research,
development, or commercial information not be disclosed, or be
disclosed only to specified persons or only in a specified way.
   (6) That the items produced be sealed and thereafter opened only
on order of the court.
   If the motion for a protective order is denied in whole or in
part, the court may order that the party to whom the demand was
directed provide or permit the discovery against which protection was
sought on terms and conditions that are just.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion for a protective order, 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.
   (g) The party to whom an inspection demand has been directed shall
respond separately to each item or category of item by a statement
that the party will comply with the particular demand for inspection
and any related activities, a representation that the party lacks the
ability to comply with the demand for inspection of a particular
item or category of item, or an objection to the particular demand.
   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.  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.
   (1) A statement that the party to whom an inspection demand has
been directed will comply with the particular demand shall state that
the production, inspection, 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.
   Any documents demanded 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.  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.
   (2) A representation of inability to comply with the particular
demand for inspection 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.
   (3) If only part of an item or category of item in an inspection
demand 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.  If the responding party
objects to the demand for inspection of an item or category of item,
the response shall (A) identify with particularity any document,
tangible thing, or land falling within any category of item in the
demand to which an objection is being made, and (B) 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 Section 2018,
that claim shall be expressly asserted.
   (h) The party to whom the demand for inspection is directed shall
sign the response under oath unless the response contains only
objections.  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 Section 2018 during any subsequent discovery from
that attorney concerning the identity of the sources of the
information contained in the response.  The attorney for the
responding party shall sign any responses that contain an objection.

   (i) Within 30 days after service of an inspection demand, or in
unlawful detainer actions within five days of an inspection demand,
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.  In unlawful detainer actions, the party to whom the demand
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.
   (j) The party demanding an inspection and the responding party may
agree to extend the time for service of a response to a set of
inspection demands, or to particular items or categories of items in
a set, to a date beyond that provided in subdivision (i).  This
agreement may be informal, but it shall be confirmed in a writing
that specifies the extended date for service of a response.  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 subdivision (g).
   (k) The inspection demand and the response to it shall not be
filed with the court.  The party demanding an inspection shall retain
both the original of the inspection 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.
   (l) If a party to whom an inspection demand has been directed
fails to serve a timely response to it, that party waives any
objection to the demand, including one based on privilege or on the
protection for work product under Section 2018.  However, the court,
on motion, may relieve that party from this waiver on its
determination that (1) the party has subsequently served a response
that is in substantial compliance with subdivision (g), and (2) the
party's failure to serve a timely response was the result of mistake,
inadvertence, or excusable neglect.
   The party making the demand may move for an order compelling
response to the inspection demand.  The court shall impose a monetary
sanction under Section 2023 against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel a response to
an inspection 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.  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
Section 2023.  In lieu of or in addition to that sanction, the court
may impose a monetary sanction under Section 2023.
   (m) If the party demanding an inspection, on receipt of a response
to an inspection demand, deems that (1) a statement of compliance
with the demand is incomplete, (2) a representation of inability to
comply is inadequate, incomplete, or evasive, or (3) an objection in
the response is without merit or too general, that party may move for
an order compelling further response to the demand.  This motion (A)
shall set forth specific facts showing good cause justifying the
discovery sought by the inspection demand, and (B) shall be
accompanied by a declaration stating facts showing a reasonable and
good faith attempt at an informal resolution of any issue presented
by it.
   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 inspection demand.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to compel further response to an inspection 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.
   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 Section 2023.  In lieu of or in addition to that sanction, the
court may impose a monetary sanction under Section 2023.
   (n) If a party filing a response to a demand for inspection under
subdivision (g) thereafter fails to permit the inspection in
accordance with that party's statement of compliance, the party
demanding the inspection may move for an order compelling compliance.

   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to compel compliance with an inspection 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.
   If a party then fails to obey an order compelling inspection, the
court may make those orders that are just, including the imposition
of an issue sanction, an evidence sanction, or a terminating sanction
under Section 2023.  In lieu of or in addition to that sanction, the
court may impose a monetary sanction under Section 2023.