Q: demand for privilege log and for in-chambers review of privileged information at issue

A: Under California law, if a party is withholding documents or information based on a claim of privilege, it is appropriate to demand a privilege log and request an in-camera review of the allegedly privileged material as part of a motion to compel. Here's why including these requests can strengthen your motion:

1. Privilege Log: Pursuant to California Code of Civil Procedure §2031.240, when a party objects to a request for production based on privilege, they must identify the specific documents and category of documents being withheld, and provide sufficient factual information for others to evaluate the merits of the privilege claim. A privilege log provides this information. By demanding a privilege log in your motion, you are highlighting the opposing party's failure to comply with this statutory requirement.

2. In-Camera Review: When privilege is asserted, the court may examine the allegedly privileged materials in-camera (in the judge's chambers) to determine if the privilege applies. Requesting an in-camera review in your motion demonstrates your belief that the withheld information may not actually be privileged. It invites the court to scrutinize the claims of privilege, rather than taking the opposing party's assertions at face value.

3. Protecting Privileged Information: By offering the option of in-camera review, you show the court that you are mindful of protecting genuinely privileged information. You are not demanding public disclosure of potentially sensitive documents, but rather asking the judge to privately assess the opposing party's privilege claims.

4. Completeness: Including the request for a privilege log and in-camera review demonstrates thoroughness in your motion. It shows you are addressing all aspects of the discovery dispute and availing yourself of the procedures the law provides for resolving such disputes.

So in summary, while not strictly necessary, including a demand for a privilege log and a request for in-camera review can make your motion to compel more robust and persuasive. It highlights the opposing party's procedural failures, invites judicial scrutiny of questionable privilege claims, and demonstrates your own diligence in pursuing the discovery to which you are entitled.