<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by excal:
Thank you for your speedy reply, measured in minutes, not days!
Both parties are represented by attorneys, so there was a Proof of Service filed. Code sections 2030 and 2031 would be helpful, under the circumstances. Thank you for offering to post them.
<HR></BLOCKQUOTE>
My response:
Sorry, I went out for lunch or I would have gotten back to you even faster !! Remember, for all of the time sequences stated in the Codes, add 5 more days for mailing. So, unless otherwise noted in the Code, if a Code says 30 days, add 5 more days to that. After 35 days, the other party is late.
Here's the portion of the Civil Discovery Act and the Statutes at issue:
CALIFORNIA CODES
CODE OF CIVIL PROCEDURE
SECTION 2016-2036
2016. (a) This article may be cited as the Civil Discovery Act of
1986.
(b) As used in this article:
(1) "Action" includes a civil action and a special proceeding of a
civil nature.
(2) "Court" means the trial court in which the action is pending,
unless otherwise specified.
(3) "Document" and "writing" mean a writing as defined in Section
250 of the Evidence Code.
(c) This article applies to discovery in aid of enforcement of a
money judgment only to the extent provided in Article 1 (commencing
with Section 708.010) of Chapter 6 of Title 9 of Part 2.
2017. (a) Unless otherwise limited by order of the court in
accordance with this article, any party may obtain discovery
regarding any matter, not privileged, that is relevant to the subject
matter involved in the pending action or to the determination of any
motion made in that action, if the matter either is itself
admissible in evidence or appears reasonably calculated to lead to
the discovery of admissible evidence. Discovery may relate to the
claim or defense of the party seeking discovery or of any other party
to the action. Discovery may be obtained of the identity and
location of persons having knowledge of any discoverable matter, as
well as of the existence, description, nature, custody, condition,
and location of any document, tangible thing, or land or other
property.
(b) A party may obtain discovery of the existence and contents of
any agreement under which any insurance carrier may be liable to
satisfy in whole or in part a judgment that may be entered in the
action or to indemnify or reimburse for payments made to satisfy the
judgment. This discovery may include the identity of the carrier and
the nature and limits of the coverage. A party may also obtain
discovery as to whether that insurance carrier is disputing the
agreement's coverage of the claim involved in the action, but not as
to the nature and substance of that dispute. Information concerning
the insurance agreement is not by reason of disclosure admissible in
evidence at trial.
(c) The court shall limit the scope of discovery if it determines
that the burden, expense, or intrusiveness of that discovery clearly
outweighs the likelihood that the information sought will lead to the
discovery of admissible evidence. The court may make this
determination pursuant to a motion for protective order by a party or
other affected person. This motion shall be accompanied by a
declaration stating facts showing a good faith attempt at an informal
resolution of each issue presented by the motion.
The court shall impose a monetary sanction under Section 2023
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.
(d) In any civil action alleging conduct that constitutes sexual
harassment, sexual assault, or sexual battery, any party seeking
discovery concerning the plaintiff's sexual conduct with individuals
other than the alleged perpetrator is required to establish specific
facts showing good cause for that discovery, and that the matter
sought to be discovered is relevant to the subject matter of the
action and reasonably calculated to lead to the discovery of
admissible evidence. This showing shall be made by noticed motion
and shall not be made or considered by the court at an ex parte
hearing. This motion shall be accompanied by a declaration stating
facts showing a good faith attempt at an informal resolution of each
issue presented by the motion.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion for discovery, 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.
2018. (a) It is the policy of the state to: (1) preserve the rights
of attorneys to prepare cases for trial with that degree of privacy
necessary to encourage them to prepare their cases thoroughly and to
investigate not only the favorable but the unfavorable aspects of
those cases; and (2) to prevent attorneys from taking undue advantage
of their adversary's industry and efforts.
(b) Subject to subdivision (c), the work product of an attorney
is not discoverable unless the court determines that denial of
discovery will unfairly prejudice the party seeking discovery in
preparing that party's claim or defense or will result in an
injustice.
(c) Any writing that reflects an attorney's impressions,
conclusions, opinions, or legal research or theories shall not be
discoverable under any circumstances.
(d) This section is intended to be a restatement of existing law
relating to protection of work product. It is not intended to expand
or reduce the extent to which work product is discoverable under
existing law in any action.
(e) The State Bar may discover the work product of an attorney
against whom disciplinary charges are pending when it is relevant to
issues of breach of duty by the lawyer, subject to applicable client
approval and to a protective order, where requested and for good
cause, to ensure the confidentiality of work product except for its
use by the State Bar in disciplinary investigations and its
consideration under seal in State Bar Court proceedings. For
purposes of this section, whenever a client has initiated a complaint
against an attorney, the requisite client approval shall be deemed
to have been granted.
(f) In an action between an attorney and his or her client or
former client, no work product privilege under this section exists if
the work product is relevant to an issue of breach by the attorney
of a duty to the attorney's client arising out of the attorney-client
relationship.
For purposes of this section, "client" means a client as defined
in Section 951 of the Evidence Code.
2019. (a) Any party may obtain discovery by one or more of the
following methods:
(1) Oral and written depositions.
(2) Interrogatories to a party.
(3) Inspections of documents, things, and places.
(4) Physical and mental examinations.
(5) Requests for admissions.
(6) Simultaneous exchanges of expert trial witness information.
(b) The court shall restrict the frequency or extent of use of
these discovery methods if it determines either of the following:
(1) The discovery sought is unreasonably cumulative or
duplicative, or is obtainable from some other source that is more
convenient, less burdensome, or less expensive.
(2) The selected method of discovery is unduly burdensome or
expensive, taking into account the needs of the case, the amount in
controversy, and the importance of the issues at stake in the
litigation.
The court
