2005 California Code of Civil Procedure Sections 2031.210-2031.320 Article 2. Response to Inspection Demand

2031.210.  (a) The party to whom an inspection demand has been
directed shall respond separately to each item or category of item by
any of the following:
   (1) A statement that the party will comply with the particular
demand for inspection and any related activities.
   (2) A representation that the party lacks the ability to comply
with the demand for inspection of a particular item or category of
item.
   (3) An objection to the particular demand.
   (b) In the first paragraph of the response immediately below the
title of the case, there shall appear the identity of the responding
party, the set number, and the identity of the demanding party.
   (c) Each statement of compliance, each representation, and each
objection in the response shall bear the same number and be in the
same sequence as the corresponding item or category in the demand,
but the text of that item or category need not be repeated.
2031.220.  A statement that the party to whom an inspection demand
has been directed will comply with the particular demand shall state
that the production, inspection, and related activity demanded will
be allowed either in whole or in part, and that all documents or
things in the demanded category that are in the possession, custody,
or control of that party and to which no objection is being made will
be included in the production.
2031.230.  A representation of inability to comply with the
particular demand for inspection shall affirm that a diligent search
and a reasonable inquiry has been made in an effort to comply with
that demand.  This statement shall also specify whether the inability
to comply is because the particular item or category has never
existed, has been destroyed, has been lost, misplaced, or stolen, or
has never been, or is no longer, in the possession, custody, or
control of the responding party.  The statement shall set forth the
name and address of any natural person or organization known or
believed by that party to have possession, custody, or control of
that item or category of item.
2031.240.  (a) If only part of an item or category of item in an
inspection demand is objectionable, the response shall contain a
statement of compliance, or a representation of inability to comply
with respect to the remainder of that item or category.
   (b) If the responding party objects to the demand for inspection
of an item or category of item, the response shall do both of the
following:
   (1) Identify with particularity any document, tangible thing, or
land falling within any category of item in the demand to which an
objection is being made.
   (2) Set forth clearly the extent of, and the specific ground for,
the objection.  If an objection is based on a claim of privilege, the
particular privilege invoked shall be stated.  If an objection is
based on a claim that the information sought is protected work
product under Chapter 4 (commencing with Section 2018.010), that
claim shall be expressly asserted.
2031.250.  (a) The party to whom the demand for inspection is
directed shall sign the response under oath unless the response
contains only objections.
   (b) If that party is a public or private corporation or a
partnership or association or governmental agency, one of its
officers or agents shall sign the response under oath on behalf of
that party.  If the officer or agent signing the response on behalf
of that party is an attorney acting in that capacity for a party,
that party waives any lawyer-client privilege and any protection for
work product under Chapter 4 (commencing with Section 2018.010)
during any subsequent discovery from that attorney concerning the
identity of the sources of the information contained in the response.
   (c) The attorney for the responding party shall sign any responses
that contain an objection.
2031.260.  Within 30 days after service of an inspection demand, or
in unlawful detainer actions within five days of an inspection
demand, the party to whom the demand is directed shall serve the
original of the response to it on the party making the demand, and a
copy of the response on all other parties who have appeared in the
action, unless on motion of the party making the demand, the court
has shortened the time for response, or unless on motion of the party
to whom the demand has been directed, the court has extended the
time for response.  In unlawful detainer actions, the party to whom
an inspection demand is directed shall have at least five days from
the dates of service of the demand to respond unless on motion of the
party making the demand, the court has shortened the time for the
response.
2031.270.  (a) The party demanding an inspection and the responding
party may agree to extend the time for service of a response to a set
of inspection demands, or to particular items or categories of items
in a set, to a date beyond that provided in Section 2031.260.
   (b) This agreement may be informal, but it shall be confirmed in a
writing that specifies the extended date for service of a response.
   (c) Unless this agreement expressly states otherwise, it is
effective to preserve to the responding party the right to respond to
any item or category of item in the demand to which the agreement
applies in any manner specified in Sections 2031.210, 2031.220,
2031.230, 2031.240, and 2031.280.
2031.280.  (a) Any documents produced in response to an inspection
demand shall either be produced as they are kept in the usual course
of business, or be organized and labeled to correspond with the
categories in the demand.
   (b) If necessary, the responding party at the reasonable expense
of the demanding party shall, through detection devices, translate
any data compilations included in the demand into reasonably usable
form.
2031.290.  (a) The inspection demand and the response to it shall
not be filed with the court.
   (b) The party demanding an inspection shall retain both the
original of the inspection demand, with the original proof of service
affixed to it, and the original of the sworn response until six
months after final disposition of the action.  At that time, both
originals may be destroyed, unless the court, on motion of any party
and for good cause shown, orders that the originals be preserved for
a longer period.
2031.300.  If a party to whom an inspection demand is directed fails
to serve a timely response to it, the following rules apply:
   (a) The party to whom the inspection demand is directed waives any
objection to the demand, including one based on privilege or on the
protection for work product under Chapter 4 (commencing with Section
2018.010). The court, on motion, may relieve that party from this
waiver on its determination that both of the following conditions are
satisfied:
   (1) The party has subsequently served a response that is in
substantial compliance with Sections 2031.210, 2031.220, 2031.230,
2031.240, and 2031.280.
   (2) The party's failure to serve a timely response was the result
of mistake, inadvertence, or excusable neglect.
   (b) The party making the demand may move for an order compelling
response to the inspection demand.
   (c) 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 to compel a
response to an inspection demand, 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. If a
party then fails to obey the order compelling a response, the court
may make those orders that are just, including the imposition of an
issue sanction, an evidence sanction, or a terminating sanction under
Chapter 7 (commencing with Section 2023.010). In lieu of or in
addition to this sanction, the court may impose a monetary sanction
under Chapter 7 (commencing with Section 2023.010).
2031.310.  (a) On receipt of a response to an inspection demand, the
party demanding an inspection may move for an order compelling
further response to the demand if the demanding party deems that any
of the following apply:
   (1) A statement of compliance with the demand is incomplete.
   (2) A representation of inability to comply is inadequate,
incomplete, or evasive.
   (3) An objection in the response is without merit or too general.
   (b) A motion under subdivision (a) shall comply with both of the
following:
   (1) The motion shall set forth specific facts showing good cause
justifying the discovery sought by the inspection demand.
   (2) The motion shall be accompanied by a meet and confer
declaration under Section 2016.040.
   (c) Unless notice of this motion is given within 45 days of the
service of the response, or any supplemental response, or on or
before any specific later date to which the demanding party and the
responding party have agreed in writing, the demanding party waives
any right to compel a further response to the inspection demand.
   (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 to compel
further response to an inspection demand, 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.
   (e) If a party fails to obey an order compelling further response,
the court may make those orders that are just, including the
imposition of an issue sanction, an evidence sanction, or a
terminating sanction under Chapter 7 (commencing with Section
2023.010).  In lieu of or in addition to that sanction, the court may
impose a monetary sanction under Chapter 7 (commencing with Section
2023.010).
2031.320.  (a) If a party filing a response to a demand for
inspection under Section 2031.210, 2031.220, 2031.230, 2031.240, and
2031.280 thereafter fails to permit the inspection in accordance with
that party's statement of compliance, the party demanding the
inspection may move for an order compelling compliance.
   (b) 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 to compel
compliance with an inspection demand, 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.
   (c) If a party then fails to obey an order compelling inspection,
the court may make those orders that are just, including the
imposition of an issue sanction, an evidence sanction, or a
terminating sanction under Chapter 7 (commencing with Section
2023.010).  In lieu of or in addition to that sanction, the court may
impose a monetary sanction under Chapter 7 (commencing with Section
2023.010).