Amended IN Assembly May 30, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 20, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 17Introduced by Senator UmbergDecember 03, 2018 An act to add Sections 2016.090 and 2023.050 to the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTSB 17, as amended, Umberg. Civil discovery: sanctions.The Civil Discovery Act authorizes a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. Existing law authorizes a court, after notice to any affected party, person, or attorney, and after opportunity for hearing, to impose sanctions against anyone engaging in conduct that is a misuse of the discovery process, as specified.(1) This bill would, except as specified, require a party to provide to the other parties an initial disclosure that includes certain information related to discoverable information within 45 days after service of any answer in a civil action, as specified.(2) The bill would would, except as specified, also require a court, after notice to any party, person, or attorney, and after opportunity for a hearing, to impose a $1,000 sanction against a party, person, or attorney upon findings that the party, person, or attorney (1) failed to respond in good faith to a document request, (2) produced the requested documents within 7 days of a motion to compel that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith, or (3) failed to meet and confer in person, by telephone, or by letter to resolve any dispute regarding the request. The bill would authorize the court to require an attorney to report the sanction in writing to the State Bar within 30 days of the imposition of the sanction. The bill would also authorize the court to excuse the imposition of the sanction if the court makes written findings that the person subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2016.090 is added to the Code of Civil Procedure, immediately following Section 2016.080, to read:2016.090. (a) Except as otherwise stipulated by the parties or ordered by the court, within 45 days after service of any answer in a civil action, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:(1) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.(2) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.(3) Any insurance agreement under which an insurance business company may be liable to satisfy all or part of a possible satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.(4) Any agreement under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.(b) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another partys disclosures, or because another party has not made its disclosures.(c) A party that has made its initial disclosures, as described in subdivision (a), or that has responded to another partys discovery request, shall supplement or correct a disclosure or response in the following situations:(1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.(2) As ordered by the court.(d) A partys obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.(e) A partys disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the partys knowledge.(f) This section does not apply to unlawful detainer actions, as defined in Section 1161.(g) A natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who is not represented by an attorney in that action, is not subject to the requirements of this section. If that person becomes represented by an attorney in the action, the requirements of this section shall apply as if the person had served an answer on the date the attorney was retained.SEC. 2. Section 2023.050 is added to the Code of Civil Procedure, immediately following Section 2023.040, to read:2023.050. (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one thousand dollar one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, or 2020.510.(2) The party, person, or attorney produced the requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450 or 2025.480 that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith. (3) The party, person, or attorney failed to confer in person, by telephone, or by letter letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request.(b) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to subdivision (a) to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction.(c) The court may excuse the imposition of the sanction required by subdivision (a) if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.(d) Sanctions pursuant to this section shall be imposed only after notice to the party party, person, or attorney against whom the sanction is proposed to be imposed and opportunity for that party party, person, or attorney to be heard.(e) Sanctions under this section are not available against a natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who was not represented by an attorney in that action at the time the conduct that is sanctionable under subdivision (a) occurred.
Amended IN Assembly May 30, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 20, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 17Introduced by Senator UmbergDecember 03, 2018 An act to add Sections 2016.090 and 2023.050 to the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTSB 17, as amended, Umberg. Civil discovery: sanctions.The Civil Discovery Act authorizes a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. Existing law authorizes a court, after notice to any affected party, person, or attorney, and after opportunity for hearing, to impose sanctions against anyone engaging in conduct that is a misuse of the discovery process, as specified.(1) This bill would, except as specified, require a party to provide to the other parties an initial disclosure that includes certain information related to discoverable information within 45 days after service of any answer in a civil action, as specified.(2) The bill would would, except as specified, also require a court, after notice to any party, person, or attorney, and after opportunity for a hearing, to impose a $1,000 sanction against a party, person, or attorney upon findings that the party, person, or attorney (1) failed to respond in good faith to a document request, (2) produced the requested documents within 7 days of a motion to compel that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith, or (3) failed to meet and confer in person, by telephone, or by letter to resolve any dispute regarding the request. The bill would authorize the court to require an attorney to report the sanction in writing to the State Bar within 30 days of the imposition of the sanction. The bill would also authorize the court to excuse the imposition of the sanction if the court makes written findings that the person subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly May 30, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 20, 2019
Amended IN Assembly May 30, 2019
Amended IN Senate April 11, 2019
Amended IN Senate March 20, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 17
Introduced by Senator UmbergDecember 03, 2018
Introduced by Senator Umberg
December 03, 2018
An act to add Sections 2016.090 and 2023.050 to the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 17, as amended, Umberg. Civil discovery: sanctions.
The Civil Discovery Act authorizes a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. Existing law authorizes a court, after notice to any affected party, person, or attorney, and after opportunity for hearing, to impose sanctions against anyone engaging in conduct that is a misuse of the discovery process, as specified.(1) This bill would, except as specified, require a party to provide to the other parties an initial disclosure that includes certain information related to discoverable information within 45 days after service of any answer in a civil action, as specified.(2) The bill would would, except as specified, also require a court, after notice to any party, person, or attorney, and after opportunity for a hearing, to impose a $1,000 sanction against a party, person, or attorney upon findings that the party, person, or attorney (1) failed to respond in good faith to a document request, (2) produced the requested documents within 7 days of a motion to compel that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith, or (3) failed to meet and confer in person, by telephone, or by letter to resolve any dispute regarding the request. The bill would authorize the court to require an attorney to report the sanction in writing to the State Bar within 30 days of the imposition of the sanction. The bill would also authorize the court to excuse the imposition of the sanction if the court makes written findings that the person subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
The Civil Discovery Act authorizes a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, land or other property, and electronically stored information in the possession of any other party to the action. Existing law authorizes a court, after notice to any affected party, person, or attorney, and after opportunity for hearing, to impose sanctions against anyone engaging in conduct that is a misuse of the discovery process, as specified.
(1) This bill would, except as specified, require a party to provide to the other parties an initial disclosure that includes certain information related to discoverable information within 45 days after service of any answer in a civil action, as specified.
(2) The bill would would, except as specified, also require a court, after notice to any party, person, or attorney, and after opportunity for a hearing, to impose a $1,000 sanction against a party, person, or attorney upon findings that the party, person, or attorney (1) failed to respond in good faith to a document request, (2) produced the requested documents within 7 days of a motion to compel that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith, or (3) failed to meet and confer in person, by telephone, or by letter to resolve any dispute regarding the request. The bill would authorize the court to require an attorney to report the sanction in writing to the State Bar within 30 days of the imposition of the sanction. The bill would also authorize the court to excuse the imposition of the sanction if the court makes written findings that the person subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2016.090 is added to the Code of Civil Procedure, immediately following Section 2016.080, to read:2016.090. (a) Except as otherwise stipulated by the parties or ordered by the court, within 45 days after service of any answer in a civil action, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:(1) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.(2) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.(3) Any insurance agreement under which an insurance business company may be liable to satisfy all or part of a possible satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.(4) Any agreement under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.(b) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another partys disclosures, or because another party has not made its disclosures.(c) A party that has made its initial disclosures, as described in subdivision (a), or that has responded to another partys discovery request, shall supplement or correct a disclosure or response in the following situations:(1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.(2) As ordered by the court.(d) A partys obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.(e) A partys disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the partys knowledge.(f) This section does not apply to unlawful detainer actions, as defined in Section 1161.(g) A natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who is not represented by an attorney in that action, is not subject to the requirements of this section. If that person becomes represented by an attorney in the action, the requirements of this section shall apply as if the person had served an answer on the date the attorney was retained.SEC. 2. Section 2023.050 is added to the Code of Civil Procedure, immediately following Section 2023.040, to read:2023.050. (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one thousand dollar one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, or 2020.510.(2) The party, person, or attorney produced the requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450 or 2025.480 that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith. (3) The party, person, or attorney failed to confer in person, by telephone, or by letter letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request.(b) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to subdivision (a) to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction.(c) The court may excuse the imposition of the sanction required by subdivision (a) if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.(d) Sanctions pursuant to this section shall be imposed only after notice to the party party, person, or attorney against whom the sanction is proposed to be imposed and opportunity for that party party, person, or attorney to be heard.(e) Sanctions under this section are not available against a natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who was not represented by an attorney in that action at the time the conduct that is sanctionable under subdivision (a) occurred.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2016.090 is added to the Code of Civil Procedure, immediately following Section 2016.080, to read:2016.090. (a) Except as otherwise stipulated by the parties or ordered by the court, within 45 days after service of any answer in a civil action, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:(1) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.(2) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.(3) Any insurance agreement under which an insurance business company may be liable to satisfy all or part of a possible satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.(4) Any agreement under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.(b) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another partys disclosures, or because another party has not made its disclosures.(c) A party that has made its initial disclosures, as described in subdivision (a), or that has responded to another partys discovery request, shall supplement or correct a disclosure or response in the following situations:(1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.(2) As ordered by the court.(d) A partys obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.(e) A partys disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the partys knowledge.(f) This section does not apply to unlawful detainer actions, as defined in Section 1161.(g) A natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who is not represented by an attorney in that action, is not subject to the requirements of this section. If that person becomes represented by an attorney in the action, the requirements of this section shall apply as if the person had served an answer on the date the attorney was retained.
SECTION 1. Section 2016.090 is added to the Code of Civil Procedure, immediately following Section 2016.080, to read:
### SECTION 1.
2016.090. (a) Except as otherwise stipulated by the parties or ordered by the court, within 45 days after service of any answer in a civil action, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:(1) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.(2) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.(3) Any insurance agreement under which an insurance business company may be liable to satisfy all or part of a possible satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.(4) Any agreement under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.(b) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another partys disclosures, or because another party has not made its disclosures.(c) A party that has made its initial disclosures, as described in subdivision (a), or that has responded to another partys discovery request, shall supplement or correct a disclosure or response in the following situations:(1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.(2) As ordered by the court.(d) A partys obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.(e) A partys disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the partys knowledge.(f) This section does not apply to unlawful detainer actions, as defined in Section 1161.(g) A natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who is not represented by an attorney in that action, is not subject to the requirements of this section. If that person becomes represented by an attorney in the action, the requirements of this section shall apply as if the person had served an answer on the date the attorney was retained.
2016.090. (a) Except as otherwise stipulated by the parties or ordered by the court, within 45 days after service of any answer in a civil action, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:(1) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.(2) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.(3) Any insurance agreement under which an insurance business company may be liable to satisfy all or part of a possible satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.(4) Any agreement under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.(b) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another partys disclosures, or because another party has not made its disclosures.(c) A party that has made its initial disclosures, as described in subdivision (a), or that has responded to another partys discovery request, shall supplement or correct a disclosure or response in the following situations:(1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.(2) As ordered by the court.(d) A partys obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.(e) A partys disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the partys knowledge.(f) This section does not apply to unlawful detainer actions, as defined in Section 1161.(g) A natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who is not represented by an attorney in that action, is not subject to the requirements of this section. If that person becomes represented by an attorney in the action, the requirements of this section shall apply as if the person had served an answer on the date the attorney was retained.
2016.090. (a) Except as otherwise stipulated by the parties or ordered by the court, within 45 days after service of any answer in a civil action, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:(1) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.(2) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.(3) Any insurance agreement under which an insurance business company may be liable to satisfy all or part of a possible satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.(4) Any agreement under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.(b) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another partys disclosures, or because another party has not made its disclosures.(c) A party that has made its initial disclosures, as described in subdivision (a), or that has responded to another partys discovery request, shall supplement or correct a disclosure or response in the following situations:(1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.(2) As ordered by the court.(d) A partys obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.(e) A partys disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the partys knowledge.(f) This section does not apply to unlawful detainer actions, as defined in Section 1161.(g) A natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who is not represented by an attorney in that action, is not subject to the requirements of this section. If that person becomes represented by an attorney in the action, the requirements of this section shall apply as if the person had served an answer on the date the attorney was retained.
2016.090. (a) Except as otherwise stipulated by the parties or ordered by the court, within 45 days after service of any answer in a civil action, a party shall, without awaiting a discovery request, provide to the other parties an initial disclosure that includes all of the following information:
(1) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.
(2) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.
(3) Any insurance agreement under which an insurance business company may be liable to satisfy all or part of a possible satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.
(4) Any agreement under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement and the nature and limits of the coverage.
(b) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another partys disclosures, or because another party has not made its disclosures.
(c) A party that has made its initial disclosures, as described in subdivision (a), or that has responded to another partys discovery request, shall supplement or correct a disclosure or response in the following situations:
(1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process.
(2) As ordered by the court.
(d) A partys obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure.
(e) A partys disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the partys knowledge.
(f) This section does not apply to unlawful detainer actions, as defined in Section 1161.
(g) A natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who is not represented by an attorney in that action, is not subject to the requirements of this section. If that person becomes represented by an attorney in the action, the requirements of this section shall apply as if the person had served an answer on the date the attorney was retained.
SEC. 2. Section 2023.050 is added to the Code of Civil Procedure, immediately following Section 2023.040, to read:2023.050. (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one thousand dollar one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, or 2020.510.(2) The party, person, or attorney produced the requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450 or 2025.480 that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith. (3) The party, person, or attorney failed to confer in person, by telephone, or by letter letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request.(b) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to subdivision (a) to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction.(c) The court may excuse the imposition of the sanction required by subdivision (a) if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.(d) Sanctions pursuant to this section shall be imposed only after notice to the party party, person, or attorney against whom the sanction is proposed to be imposed and opportunity for that party party, person, or attorney to be heard.(e) Sanctions under this section are not available against a natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who was not represented by an attorney in that action at the time the conduct that is sanctionable under subdivision (a) occurred.
SEC. 2. Section 2023.050 is added to the Code of Civil Procedure, immediately following Section 2023.040, to read:
### SEC. 2.
2023.050. (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one thousand dollar one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, or 2020.510.(2) The party, person, or attorney produced the requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450 or 2025.480 that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith. (3) The party, person, or attorney failed to confer in person, by telephone, or by letter letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request.(b) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to subdivision (a) to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction.(c) The court may excuse the imposition of the sanction required by subdivision (a) if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.(d) Sanctions pursuant to this section shall be imposed only after notice to the party party, person, or attorney against whom the sanction is proposed to be imposed and opportunity for that party party, person, or attorney to be heard.(e) Sanctions under this section are not available against a natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who was not represented by an attorney in that action at the time the conduct that is sanctionable under subdivision (a) occurred.
2023.050. (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one thousand dollar one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, or 2020.510.(2) The party, person, or attorney produced the requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450 or 2025.480 that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith. (3) The party, person, or attorney failed to confer in person, by telephone, or by letter letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request.(b) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to subdivision (a) to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction.(c) The court may excuse the imposition of the sanction required by subdivision (a) if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.(d) Sanctions pursuant to this section shall be imposed only after notice to the party party, person, or attorney against whom the sanction is proposed to be imposed and opportunity for that party party, person, or attorney to be heard.(e) Sanctions under this section are not available against a natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who was not represented by an attorney in that action at the time the conduct that is sanctionable under subdivision (a) occurred.
2023.050. (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one thousand dollar one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, or 2020.510.(2) The party, person, or attorney produced the requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450 or 2025.480 that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith. (3) The party, person, or attorney failed to confer in person, by telephone, or by letter letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request.(b) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to subdivision (a) to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction.(c) The court may excuse the imposition of the sanction required by subdivision (a) if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.(d) Sanctions pursuant to this section shall be imposed only after notice to the party party, person, or attorney against whom the sanction is proposed to be imposed and opportunity for that party party, person, or attorney to be heard.(e) Sanctions under this section are not available against a natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who was not represented by an attorney in that action at the time the conduct that is sanctionable under subdivision (a) occurred.
2023.050. (a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one thousand dollar one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction made pursuant to Section 2023.040, the court finds any of the following:
(1) The party, person, or attorney did not respond in good faith to a request for the production of documents made pursuant to Section 2020.010, 2020.410, or 2020.510.
(2) The party, person, or attorney produced the requested documents within seven days before the court was scheduled to hear a motion to compel production of the records pursuant to Section 2025.450 or 2025.480 that is filed by the requesting party as a result of the other party, person, or attorneys failure to respond in good faith.
(3) The party, person, or attorney failed to confer in person, by telephone, or by letter letter, or other means of communication in writing, as defined in Section 250 of the Evidence Code, with the party or attorney requesting the documents in a reasonable and good faith attempt to resolve informally any dispute concerning the request.
(b) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to subdivision (a) to report the sanction, in writing, to the State Bar within 30 days of the imposition of the sanction.
(c) The court may excuse the imposition of the sanction required by subdivision (a) if the court makes written findings that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
(d) Sanctions pursuant to this section shall be imposed only after notice to the party party, person, or attorney against whom the sanction is proposed to be imposed and opportunity for that party party, person, or attorney to be heard.
(e) Sanctions under this section are not available against a natural person who is either a defendant in a civil action or a party to an action under the Family Code or the Probate Code, and who was not represented by an attorney in that action at the time the conduct that is sanctionable under subdivision (a) occurred.