California § 2031.320. 2031.320. (Amended by Stats. 2009, Ch. 5, Sec. 22.)

California Statutes

§ 2031.320. — 2031.320. (Amended by Stats. 2009, Ch. 5, Sec. 22.)

California·Code CCP Code of Civil Procedure - CCP·Title 4.·Part 4. TITLE 4. CIVIL DISCOVERY ACT·Ch. 14. CHAPTER 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored Information, Tangible Things, Land, and Other Property·Art. 2. ARTICLE 2. Response to Inspection Demand

(a)If a party filing a response to a demand for inspection, copying, testing, or sampling under Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party’s statement of compliance, the demanding party may move for an order compelling compliance.

(b)Except as provided in subdivision (d), 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 compliance with 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.

(c)Except as provided in s

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(a)
If a party filing a response to a demand for inspection, copying, testing, or sampling under Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party’s statement of compliance, the demanding party may move for an order compelling compliance.
(b)
Except as provided in subdivision (d), 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 compliance with 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.
(c)
Except as provided in subdivision (d), if a party then fails to obey an order compelling inspection, copying, testing, or sampling, 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).
(d)
(1)
Notwithstanding subdivisions (b) and (c), 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.

California § 2031.320. (2031.320. (Amended by Stats. 2009, Ch. 5, Sec. 22.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.