2009 California Code of Civil Procedure - Section 2031.010-2031.060 :: Article 1. Inspection Demand

2031.010.  (a) Any party may obtain discovery within the scope
delimited by Chapters 2 (commencing with Section 2017.010) and 3
(commencing with Section 2017.710), and subject to the restrictions
set forth in Chapter 5 (commencing with Section 2019.010), by
inspecting, copying, testing, or sampling documents, tangible things,
land or other property, and electronically stored information in the
possession, custody, or control of any other party to the action.
   (b) A party may demand that any other party produce and permit the
party making the demand, or someone acting on that party's behalf,
to inspect and to copy a document that is in the possession, custody,
or control of the party on whom the demand is made.
   (c) A party may demand that any other party produce and permit the
party making the demand, or someone acting on that party's behalf,
to inspect and to photograph, test, or sample any tangible things
that are in the possession, custody, or control of the party on whom
the demand is made.
   (d) A party may demand that any other party allow the party making
the demand, or someone acting on that party's behalf, to enter on
any land or other property that is in the possession, custody, or
control of the party on whom the demand is made, and to inspect and
to measure, survey, photograph, test, or sample the land or other
property, or any designated object or operation on it.
   (e) A party may demand that any other party produce and permit the
party making the demand, or someone acting on that party's behalf,
to inspect, copy, test, or sample electronically stored information
in the possession, custody, or control of the party on whom demand is
made.

2031.020.  (a) A defendant may make a demand for inspection,
copying, testing, or sampling without leave of court at any time.
   (b) A plaintiff may make a demand for inspection, copying,
testing, or sampling without leave of court at any time that is 10
days after the service of the summons on, or appearance by, the party
to whom the demand is directed, whichever occurs first.
   (c) Notwithstanding subdivision (b), in an unlawful detainer
action or other proceeding under Chapter 4 (commencing with Section
1159) of Title 3 of Part 3, a plaintiff may make a demand for
inspection, copying, testing, or sampling without leave of court at
any time that is five days after service of the summons on, or
appearance by, the party to whom the demand is directed, whichever
occurs first.
   (d) Notwithstanding subdivisions (b) and (c), on motion with or
without notice, the court, for good cause shown, may grant leave to a
plaintiff to make a demand for inspection, copying, testing, or
sampling at an earlier time.

2031.030.  (a) (1) A party demanding inspection, copying, testing,
or sampling shall number each set of demands consecutively.
   (2) A party demanding inspection, copying, testing, or sampling of
electronically stored information may specify the form or forms in
which each type of electronically stored information is to be
produced.
   (b) In the first paragraph immediately below the title of the
case, there shall appear the identity of the demanding party, the set
number, and the identity of the responding party.
   (c) Each demand in a set shall be separately set forth, identified
by number or letter, and shall do all of the following:
   (1) Designate the documents, tangible things, land or other
property, or electronically stored information to be inspected,
copied, tested, or sampled either by specifically describing each
individual item or by reasonably particularizing each category of
item.
   (2) Specify a reasonable time for the inspection, copying,
testing, or sampling that is at least 30 days after service of the
demand, unless the court for good cause shown has granted leave to
specify an earlier date. In an unlawful detainer action or other
proceeding under Chapter 4 (commencing with Section 1159) of Title 3
of Part 3, the demand shall specify a reasonable time for the
inspection, copying, testing, or sampling that is at least five days
after service of the demand, unless the court, for good cause shown,
has granted leave to specify an earlier date.
   (3) Specify a reasonable place for making the inspection, copying,
testing, or sampling, and performing any related activity.
   (4) Specify any inspection, copying, testing, sampling, or related
activity that is being demanded, as well as the manner in which that
activity will be performed, and whether that activity will
permanently alter or destroy the item involved.

2031.040.  The party making a demand for inspection, copying,
testing, or sampling shall serve a copy of the demand on the party to
whom it is directed and on all other parties who have appeared in
the action.

2031.050.  (a) In addition to the demands for inspection, copying,
testing, or sampling permitted by this chapter, a party may propound
a supplemental demand to inspect, copy, test, or sample any later
acquired or discovered documents, tangible things, land or other
property, or electronically stored information in the possession,
custody, or control of the party on whom the demand is made.
   (b) A party may propound a supplemental demand for inspection,
copying, testing, or sampling twice before the initial setting of a
trial date, and, subject to the time limits on discovery proceedings
and motions provided in Chapter 8 (commencing with Section 2024.010),
once after the initial setting of a trial date.
   (c) Notwithstanding subdivisions (a) and (b), on motion, for good
cause shown, the court may grant leave to a party to propound an
additional number of supplemental demands for inspection, copying,
testing, or sampling.

2031.060.  (a) When an inspection, copying, testing, or sampling of
documents, tangible things, places, or electronically stored
information has been demanded, the party to whom the demand has been
directed, and any other party or affected person, may promptly move
for a protective order. This motion shall be accompanied by a meet
and confer declaration under Section 2016.040.
   (b) The court, for good cause shown, may make any order that
justice requires to protect any party or other person from
unwarranted annoyance, embarrassment, or oppression, or undue burden
and expense. This protective order may include, but is not limited
to, one or more of the following directions:
   (1) That all or some of the items or categories of items in the
demand need not be produced or made available at all.
   (2) That the time specified in Section 2030.260 to respond to the
set of demands, or to a particular item or category in the set, be
extended.
   (3) That the place of production be other than that specified in
the demand.
   (4) That the inspection, copying, testing, or sampling be made
only on specified terms and conditions.
   (5) That a trade secret or other confidential research,
development, or commercial information not be disclosed, or be
disclosed only to specified persons or only in a specified way.
   (6) That the items produced be sealed and thereafter opened only
on order of the court.
   (c) The party or affected person who seeks a protective order
regarding the production, inspection, copying, testing, or sampling
of electronically stored information on the basis that the
information is from a source that is not reasonably accessible
because of undue burden or expense shall bear the burden of
demonstrating that the information is from a source that is not
reasonably accessible because of undue burden or expense.
   (d) If the party or affected person from whom discovery of
electronically stored information is sought establishes that the
information is from a source that is not reasonably accessible
because of undue burden or expense, the court may nonetheless order
discovery if the demanding party shows good cause, subject to any
limitations imposed under subdivision (f).
   (e) If the court finds good cause for the production of
electronically stored information from a source that is not
reasonably accessible, the court may set conditions for the discovery
of the electronically stored information, including allocation of
the expense of discovery.
   (f) The court shall limit the frequency or extent of discovery of
electronically stored information, even from a source that is
reasonably accessible, if the court determines that any of the
following conditions exist:
   (1) It is possible to obtain the information from some other
source that is more convenient, less burdensome, or less expensive.
   (2) The discovery sought is unreasonably cumulative or
duplicative.
   (3) The party seeking discovery has had ample opportunity by
discovery in the action to obtain the information sought.
   (4) The likely burden or expense of the proposed discovery
outweighs the likely benefit, taking into account the amount in
controversy, the resources of the parties, the importance of the
issues in the litigation, and the importance of the requested
discovery in resolving the issues.
   (g) If the motion for a protective order is denied in whole or in
part, the court may order that the party to whom the demand was
directed provide or permit the discovery against which protection was
sought on terms and conditions that are just.
   (h) Except as provided in subdivision (i), 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 for a protective order, 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.
   (i) (1) Notwithstanding subdivision (h), 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.