Bill Text: CA AB1354 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Civil procedure: discovery: objections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-07 - Chaptered by Secretary of State - Chapter 232, Statutes of 2012. [AB1354 Detail]

Download: California-2011-AB1354-Amended.html

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BILL NUMBER: AB 1354	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2011
	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 18, 2011

   An act to amend Section 2031.240 of the Code of Civil Procedure,
relating to discovery.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1354, as amended, Huber. Civil procedure: discovery:
objections.
   The Civil Discovery Act permits a party to a civil action to
obtain discovery, as specified, by inspecting documents, tangible
things, and land or other property in the possession of any other
party to the action. The act provides for procedures that must be
followed when the responding party objects to part or all of an
inspection demand.
   This bill would require the responding party, when that party
objects to a demand on the basis of privilege or work product, to
provide sufficient factual information in its response for other
parties to evaluate the merits of that claim, including, if
necessary, a privilege log. 
   This bill would state the intent of the Legislature to codify the
concept of a privilege log as that term is used in California case
law. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2031.240 of the Code of Civil Procedure is
amended to read:
   2031.240.  (a) If only part of an item or category of item in a
demand for inspection, copying, testing, or sampling 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.
   (b) If the responding party objects to the demand for inspection,
copying, testing, or sampling of an item or category of item, the
response shall do both of the following:
   (1) Identify with particularity any document, tangible thing,
land, or electronically stored information falling within any
category of item in the demand to which an objection is being made.
   (2) 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 Chapter 4 (commencing with Section 2018.010), that
claim shall be expressly asserted.
   (c)  (1)    If an objection is based on a claim
of privilege or a claim that the information sought is protected work
product, the response shall provide sufficient factual information
for other parties to evaluate the merits of that claim, including, if
necessary, a privilege log. 
   (2) It is the intent of the Legislature to codify the concept of a
privilege log as that term is used in California case law. Nothing
in this subdivision shall be construed to constitute a substantive
change in case law.