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California Code of Civil Procedure
Section 2023
2023. (a) Misuses of the discovery process include, but are not
limited to, the following:
(1) Persisting, over objection and without substantial
justification, in an attempt to obtain information or materials that
are outside the scope of permissible discovery.
(2) Using a discovery method in a manner that does not comply with
its specified procedures.
(3) Employing a discovery method in a manner or to an extent that
causes unwarranted annoyance, embarrassment, or oppression, or undue
burden and expense.
(4) Failing to respond or to submit to an authorized method of
discovery.
(5) Making, without substantial justification, an unmeritorous
objection to discovery.
(6) Making an evasive response to discovery.
(7) Disobeying a court order to provide discovery.
(8) Making or opposing, unsuccessfully and without substantial
justification, a motion to compel or to limit discovery.
(9) Failing to confer in person, by telephone, or by letter with
an opposing party or attorney in a reasonable and good faith attempt
to resolve informally any dispute concerning discovery, if the
section governing a particular discovery motion requires the filing
of a declaration stating facts showing that such an attempt has been
made. Notwithstanding the outcome of the particular discovery
motion, the court shall impose a monetary sanction ordering that any
party or attorney who fails to confer as required pay the reasonable
expenses, including attorney's fees, incurred by anyone as a result
of that conduct.
(b) To the extent authorized by the section governing any
particular discovery method or any other provision of this article,
the court, after notice to any affected party, person, or attorney,
and after opportunity for hearing, may impose the following sanctions
against anyone engaging in conduct that is a misuse of the discovery
process.
(1) The court may impose a monetary sanction ordering that one
engaging in the misuse of the discovery process, or any attorney
advising that conduct, or both pay the reasonable expenses, including
attorney's fees, incurred by anyone as a result of that conduct.
The court may also impose this sanction on one unsuccessfully
asserting that another has engaged in the misuse of the discovery
process, or on any attorney who advised that assertion, or on both.
If a monetary sanction is authorized by any provision of this
article, the court shall impose that sanction 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.
(2) The court may impose an issue sanction ordering that
designated facts shall be taken as established in the action in
accordance with the claim of the party adversely affected by the
misuse of the discovery process. The court may also impose an issue
sanction by an order prohibiting any party engaging in the misuse of
the discovery process from supporting or opposing designated claims
or defenses.
(3) The court may impose an evidence sanction by an order
prohibiting any party engaging in the misuse of the discovery process
from introducing designated matters in evidence.
(4) The court may impose a terminating sanction by one of the
following orders:
(A) An order striking out the pleadings or parts of the pleadings
of any party engaging in the misuse of the discovery process.
(B) An order staying further proceedings by that party until an
order for discovery is obeyed.
(C) An order dismissing the action, or any part of the action, of
that party.
(D) An order rendering a judgment by default against that party.
(5) The court may impose a contempt sanction by an order treating
the misuse of the discovery process as a contempt of court.
(c) A request for a sanction shall, in the notice of motion,
identify every person, party, and attorney against whom the sanction
is sought, and specify the type of sanction sought. The notice of
motion shall be supported by a memorandum of points and authorities,
and accompanied by a declaration setting forth facts supporting the
amount of any monetary sanction sought. |
