Tom Umberg
- Democratic
- Senator
- District 34
Author
The Civil Discovery Act authorizes the court, with the stipulation of the parties to a civil action other than an unlawful detainer or small claims action, to order the parties to provide initial disclosures to the other parties to the action within 45 days of the court's order. Existing law requires a party providing initial disclosures to provide information regarding persons who have information, or records containing information, supporting the party's claims and defenses, and information regarding agreements which would make a person or an insurance company liable to satisfy a judgment in the action through reimbursement or indemnification. Existing law requires a party to supplement or correct such a disclosure or response, as specified. Existing law requires initial disclosures to be verified by the party under penalty of perjury. Under existing law, these provisions do not apply to unlawful detainer actions or actions brought in the small claims division of a court, as specified. This bill would instead require each party that has appeared in a civil action to provide initial disclosures, as specified, to the other parties to the action within 60 days of a demand by any party to the action unless modified by the stipulation of the parties. The bill would require a party making initial disclosures of persons or records to additionally disclose persons or records that are relevant to the subject matter of the action, except as specified, and to disclose information and records regarding insurance policies or contracts that would make a person or insurance company liable to satisfy a judgment. The bill would allow a party who has made, or responded to, a demand for initial disclosures to propound supplemental demands, as specified. The bill would instead require initial disclosures to be verified via the written declaration of the party or the party's authorized representative, or signed by the party's counsel. The bill would exempt any party not represented by counsel from these requirements. In addition to the exemptions described above, the bill would specify that its provisions do not apply to actions or proceedings commenced in whole or in part under the Family Code or Probate Code, or to an action in which a party has been granted preference, as specified. The bill would repeal these provisions on January 1, 2027. Existing law requires a court to impose a $250 sanction against a party, person, or attorney upon findings that the party, person, or attorney (1) failed to respond in good faith to a document request, (2) produced the requested documents within 7 days of a motion to compel that is filed by the requesting party as a result of the other party, person, or attorney's failure to respond in good faith, or (3) failed to meet and confer in person, by telephone, by letter, or other means of communication in writing, to resolve any dispute regarding the request. This bill would increase the amount of the sanction to $1,000.
Chaptered by Secretary of State. Chapter 284, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2598.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 78. Noes 0. Page 3007.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Ordered to third reading.
From consent calendar on motion of Assembly Member Bryan.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 16).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 5).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1074.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 1.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 798.) (April 18). Re-referred to Com. on APPR.
Set for hearing April 18.
April 11 set for first hearing canceled at the request of author.
Set for hearing April 11.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From printer. May be acted upon on or after February 24.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB235 | HTML |
| 01/24/23 - Introduced | |
| 03/14/23 - Amended Senate | |
| 06/19/23 - Amended Assembly | |
| 06/27/23 - Amended Assembly | |
| 07/10/23 - Amended Assembly | |
| 09/01/23 - Amended Assembly | |
| 09/13/23 - Enrolled | |
| 09/30/23 - Chaptered |
| Document | Format |
|---|---|
| 04/14/23- Senate Judiciary | |
| 05/03/23- Sen. Floor Analyses | |
| 06/30/23- Assembly Judiciary | |
| 08/14/23- Assembly Appropriations | |
| 08/25/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/01/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/08/23- Sen. Floor Analyses |
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