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California Code of Civil Procedure Section 1987.2

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1987.2

1987.2.  (a) Except as specified in subdivision (c), in making an
order pursuant to motion made under subdivision (c) of Section 1987
or under Section 1987.1, the court may in its discretion award the
amount of the reasonable expenses incurred in making or opposing the
motion, including reasonable attorney's fees, if the court finds the
motion was made or opposed in bad faith or without substantial
justification or that one or more of the requirements of the subpoena
was oppressive.
   (b) (1) Notwithstanding subdivision (a), absent exceptional
circumstances, the court shall not impose sanctions on a subpoenaed
person or the attorney of a subpoenaed person 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.
   (c) If a motion is filed under Section 1987.1 for an order to
quash or modify a subpoena from a court of this state for personally
identifying information, as defined in subdivision (b) of Section
1798.79.8 of the Civil Code, for use in an action pending in another
state, territory, or district of the United States, or in a foreign
nation, and that subpoena has been served on any Internet service
provider, or on the provider of any other interactive computer
service, as defined in Section 230(f)(2) of Title 47 of the United
States Code, if the moving party prevails, and if the underlying
action arises from the moving party's exercise of free speech rights
on the Internet and the respondent has failed to make a prima facie
showing of a cause of action, the court shall award the amount of the
reasonable expenses incurred in making the motion, including
reasonable attorney's fees.

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Last modified: March 17, 2014