2005 California Code of Civil Procedure Sections 2031.010-2031.060 Article 1. Inspection Demand

CODE OF CIVIL PROCEDURE
SECTION 2031.010-2031.060

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 documents, tangible things, and land or other property
that are 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.
2031.020.  (a) A defendant may make a demand for inspection without
leave of court at any time.
   (b) A plaintiff may make a demand for inspection without leave of
court at any time that is 10 days after the service of the summons
on, or in unlawful detainer actions within five days after service of
the summons on or appearance by, the party to whom the demand is
directed, whichever occurs first.
   (c) Notwithstanding subdivision (b), on motion with or without
notice, the court, for good cause shown, may grant leave to a
plaintiff to make an inspection demand at an earlier time.
2031.030.  (a) A party demanding an inspection shall number each set
of demands consecutively.
   (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, or land or other
property to be inspected either by specifically describing each
individual item or by reasonably particularizing each category of
item.
   (2) Specify a reasonable time for the inspection that is at least
30 days after service of the demand, or in unlawful detainer actions
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,
and performing any related activity.
   (4) Specify any related activity that is being demanded in
addition to an inspection and copying, as well as the manner in which
that related activity will be performed, and whether that activity
will permanently alter or destroy the item involved.
2031.040.  The party demanding an inspection shall serve a copy of
the inspection 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 inspection demands permitted by
this chapter, a party may propound a supplemental demand to inspect
any later acquired or discovered documents, tangible things, or land
or other property that are in the possession, custody, or control of
the party on whom the demand is made.
   (b) A party may propound a supplemental inspection demand 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.
2031.060.  (a) When an inspection of documents, tangible things or
places has been demanded, the party to whom the demand has been
directed, and any other party or affected person or organization, 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 natural person or
organization 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
inspection 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 inspection 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 inspection demand.
   (4) That the inspection 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) 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.
   (d) 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.


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