California Government Code Section 11507.7
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California Laws > Government Code > California Government Code Section 11507.7
11507.7. (a) Any party claiming the party's request for discovery
pursuant to Section 11507.6 has not been complied with may serve and
file with the administrative law judge a motion to compel discovery,
naming as respondent the party refusing or failing to comply with
Section 11507.6. The motion shall state facts showing the respondent
party failed or refused to comply with Section 11507.6, a description
of the matters sought to be discovered, the reason or reasons why
the matter is discoverable under that section, that a reasonable and
good faith attempt to contact the respondent for an informal
resolution of the issue has been made, and the ground or grounds of
respondent's refusal so far as known to the moving party.
(b) The motion shall be served upon respondent party and filed
within 15 days after the respondent party first evidenced failure or
refusal to comply with Section 11507.6 or within 30 days after
request was made and the party has failed to reply to the request, or
within another time provided by stipulation, whichever period is
(c) The hearing on the motion to compel discovery shall be held
within 15 days after the motion is made, or a later time that the
administrative law judge may on the judge's own motion for good cause
determine. The respondent party shall have the right to serve and
file a written answer or other response to the motion before or at
the time of the hearing.
(d) Where the matter sought to be discovered is under the custody
or control of the respondent party and the respondent party asserts
that the matter is not a discoverable matter under the provisions of
Section 11507.6, or is privileged against disclosure under those
provisions, the administrative law judge may order lodged with it
matters provided in subdivision (b) of Section 915 of the Evidence
Code and examine the matters in accordance with its provisions.
(e) The administrative law judge shall decide the case on the
matters examined in camera, the papers filed by the parties, and such
oral argument and additional evidence as the administrative law
judge may allow.
(f) Unless otherwise stipulated by the parties, the administrative
law judge shall no later than 15 days after the hearing make its
order denying or granting the motion. The order shall be in writing
setting forth the matters the moving party is entitled to discover
under Section 11507.6. A copy of the order shall forthwith be served
by mail by the administrative law judge upon the parties. Where the
order grants the motion in whole or in part, the order shall not
become effective until 10 days after the date the order is served.
Where the order denies relief to the moving party, the order shall be
effective on the date it is served.
Last modified: February 22, 2013