California Assembly Bill AB238 Amended / Bill

 BILL NUMBER: AB 238AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 4, 2011 INTRODUCED BY Assembly Member Huber FEBRUARY 3, 2011 An act to amend Section 2031.240 of the Code of Civil Procedure, relating to discovery. LEGISLATIVE COUNSEL'S DIGEST AB 238, 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  authorize the party making the demand to move for an order to  require the responding party  to produce a privilege log   ,  when that party objects to a demand on the basis of privilege or work product,  as specified. If the court, in its discretion, determines that a privilege log is necessary in order to determine the validity of the claim, the court shall order the party claiming the privilege to prepare and serve a privilege log upon the terms and conditions deemed appropriate by the court   to provide sufficient factual information in its response for other parties to evaluate the merits of that claim, including, if necessary, a privilege log  .  The bill would specify that the parties may voluntarily comply with these provisions or stipulate that all parties will comply with these provisions. The bill would require that the compliance be presumed to satisfy existing provisions related to objecting to a demand for inspection.  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) 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.   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 an inspection demand 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 of an item or category of item, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, or land 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) When the responding party objects to a demand on the basis of privilege or work product, the party making the demand may move for an order requiring the responding party to produce a privilege log. The motion shall comply with the requirements of Section 2031.310. (1) If the court, in its discretion, determines that a privilege log is necessary in order to determine the validity of the claim, the court shall order the party claiming the privilege to prepare and serve a privilege log upon the terms and conditions deemed appropriate by the court. (2) Unless otherwise ordered by the court, the privilege log shall include, as to each item for which a claim of privilege or other protection from discovery has been made, all of the following: (A) The author or authors. (B) The recipient or recipients. (C) The date or dates. (D) The length. (E) The nature of the document or its intended purpose. (F) The basis for the objection. (3) The parties may voluntarily comply with this subdivision or stipulate that all parties will comply with this subdivision. That compliance shall be presumed to satisfy the standard set forth in subdivision (b).