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California's Electronic Discovery Act (CCP 1985.8)

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Under CCP 2033.410, a request for admissions that is not timely answered may be "deemed admitted" by court order, but the deemed admission is binding only on the party that made the admission.  An agent's deemed admissions (for failure to timely answer requests for admission) do not bind the principal codefendant, even when the basis for the action against the… Read More

CCP 2023.030(f) provides that "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."  This decision holds that this provision does not shield… Read More

California's Electronic Discovery Act (CCP 1985.8) requires a trial court to protect a third party witness from undue burden and expense in producing electronically stored information in response to a third-party subpoena.  Here, the trial court properly applied the statute and did not abuse its discretion in ordering plaintiff to pay $130,000 which represented half the cost of the Department… Read More