Code of Civil Procedure, section 2031.310 provides:
(Code of Civ. Proc. § 2031.310(a) (takes effect 01/01/2020); see also Calcor Space Facility v. Super. Ct. (1997) 53 Cal.App.4th 216, 224 (rejecting facts supporting the production of documents that were in a separate statement because the document was not verified and did not constitute evidence).)
The moving party must state “specific facts showing good cause justifying the discovery sought by the inspection demand.” (Code of Civ. Proc. § 2031.310(b)(1).) “The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code of Civ. Proc. § 2031.310(b)(2).)
The procedure for the format of compelling documents is laid out in California Rules of Court, 3.1345.
“A separate statement is not required when no response has been provided to the request for discovery.” (Cal. Rules of Ct., Rule 3.1345(b).)
“A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response.... The separate statement must include... the following:
(Cal. Rules of Ct., Rule 3.1345(c).)
Section 2031.310 authorizes the Court to order a party to serve a further response when the responses contain unmerited objections. Under California law, the objecting party has the burden of justifying its objections when the propounding party requests that the Court order further responses. (Coy v. Super. Ct. (1962) 58 Cal.2d 210, 220-221.)
“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Ct., Rule 3.1348(a); see also Code of Civ. Proc. § 2031.310(a).)
If the motion is granted, the Court shall impose monetary sanctions, “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.” (Code of Civ. Proc. § 2031.310(h).)
Motions to compel further responses to requests for productions of documents require that the motion be filed within 45 days. By delaying the filing of the motion the party waives the right to compel further responses. (Code of Civ. Proc. § 2031.310(c) (takes effect 01/01/2020); see Sperber v. Robinson (1994) 26 Cal.App.4th 736, 7454.) The 45-day time limit is mandatory and “jurisdictional”. (Sexton v. Super. Ct. (1997) 58 Cal.App.4th 1403, 1410.) The deadline runs from the date the verified response is served, not from the date originally set for production or inspection. (Code of Civ. Proc. § 2031.310(c); see Standon Co., Inc. v. Super. Ct. (1990) 225 Cal.App.3d 898, 903.)
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