Los Angeles, CA asked in Health Care Law, Legal Malpractice and Medical Malpractice for California

Q: Statute/rule of court for plaintiff's demand of privilege log

How to initiate request for privilege log with defense, when request for privilege log is production request?

What statute/rule of court defines this process?

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the process for requesting a privilege log is governed by the California Code of Civil Procedure (CCP) and the California Rules of Court (CRC). Here are the relevant rules and statutes:

1. CCP § 2031.240 - Motion to Compel Further Response to Inspection Demand:

If a party serves a response to a demand for inspection, copying, testing, or sampling under CCP § 2031.210, 2031.220, 2031.230, 2031.260, or 2031.270, and the demanding party deems that the response is incomplete, inadequate, or evasive, or that an objection in the response is without merit or too general, the demanding party may move for an order compelling a further response to the demand.

2. CRC Rule 3.1345 - Format of Privilege Log:

A party withholding information claimed to be privileged must provide sufficient factual information for other parties to evaluate the merits of the claim, including, if necessary, a privilege log.

To initiate a request for a privilege log:

1. Serve a formal discovery request (e.g., Request for Production of Documents) on the defense, requesting the specific documents or information you believe are being withheld based on privilege.

2. If the defense objects to the production of certain documents based on privilege, they should provide a privilege log identifying the withheld documents and the specific privilege being asserted for each document.

3. If the defense fails to provide a privilege log or provides an inadequate one, you can meet and confer with the defense to resolve the issue informally.

4. If the meet and confer process is unsuccessful, you can file a motion to compel a further response under CCP § 2031.240, arguing that the defense has failed to provide an adequate privilege log as required by CRC Rule 3.1345.

The court will then review the motion and any opposition filed by the defense and decide whether to order the defense to provide a more detailed privilege log or produce the withheld documents.

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