California Code of Civil Procedure Section 2031.310
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California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 2031.310
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
(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 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 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
(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 or in addition to 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.
Last modified: February 22, 2013