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DID YOU KNOW BY ATTORNEY F.M. ZAVALA

SANCTIONS FOR ABUSING DISCOVERY PROCESS IN FAMILY COURT


Under C.C.P. 2031.060.

(a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, may promptly move for a protective order.


This motion shall be accompanied by a meet and confer declaration under Section 2016.040.


(b) The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.


Under C.C.P. 2019.030.

(a) The court shall restrict the frequency or extent of use of a discovery method provided in Section 2019.010 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.


(c) The court shall impose a monetary sanction against any party, 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.

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