SB 235: Civil discovery.

The Civil Discovery Act authorizes the court, with the stipulation of the parties to a civil action other than an unlawful detainer or small claims action, to order the parties to provide initial disclosures to the other parties to the action within 45 days of the courts order. Existing law requires a party providing initial disclosures to provide information regarding persons who have information, or records containing information, supporting the partys claims and defenses, and information regarding agreements which would make a person or an insurance company liable to satisfy a judgment in the action through reimbursement or indemnification. Existing law requires a party to supplement or correct such a disclosure or response, as specified. Existing law requires initial disclosures to be verified by the party under penalty of perjury. Under existing law, these provisions do not apply to unlawful detainer actions or actions brought in the small claims division of a court, as specified.

This bill would instead require each party that has appeared in a civil action to provide initial disclosures, as specified, to the other parties to the action within 60 days of a demand by any party to the action unless modified by the stipulation of the parties. The bill would require a party making initial disclosures of persons or records to additionally disclose persons or records that are relevant to the subject matter of the action, except as specified, and to disclose information and records regarding insurance policies or contracts that would make a person or insurance company liable to satisfy a judgment. The bill would allow a party who has made, or responded to, a demand for initial disclosures to propound supplemental demands, as specified. The bill would instead require initial disclosures to be verified via the written declaration of the party or the partys authorized representative, or signed by the partys counsel. The bill would exempt any party not represented by counsel from these requirements. In addition to the exemptions described above, the bill would specify that its provisions do not apply to actions or proceedings commenced in whole or in part under the Family Code or Probate Code, or to an action in which a party has been granted preference, as specified. The bill would repeal these provisions on January 1, 2027.

Existing law requires a court to impose a $250 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, by letter, or other means of communication in writing, to resolve any dispute regarding the request.

This bill would increase the amount of the sanction to $1,000.