Los Angeles, CA asked in Legal Malpractice for California

Q: Identity as referenced in section 2017.010

How usually identity characteristics are specified as to section 2017.010?

Is license ID and dates of affiliation fall under definition of disclosure of non-privileged identity data?

What enables defendant to provide absurd responses to request for identity, such as last known email address and phone number.

Plaintiff will specify data inquired,

but there should be rules how identity shall be meaningfully disclosed, pursuant 2017.010.

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1 Lawyer Answer
James L. Arrasmith
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  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: Section 2017.010 of the California Code of Civil Procedure deals with the scope of discovery in civil cases. It states that unless otherwise limited by a court order, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.

Regarding identity characteristics, the code does not provide a specific list of what constitutes "identity." However, in practice, it generally includes basic identifying information such as:

1. Full legal name

2. Date of birth

3. Last known address

4. Last known phone number

5. Last known email address

6. Social Security Number (in some cases)

7. Driver's license or state ID number (in some cases)

The specific information required may vary depending on the nature of the case and the relevance of the information to the claims or defenses at issue.

License ID and dates of affiliation could fall under the definition of non-privileged identity data if they are relevant to the case and not protected by any specific privilege.

If a defendant provides absurd or inadequate responses to a request for identity information, the plaintiff may seek a court order compelling the defendant to provide the requested information. The plaintiff should specify the data being requested and explain its relevance to the case.

While there are no explicit rules in the code on how identity shall be "meaningfully disclosed," the information provided should be sufficient to identify the individual and should be relevant to the case. If the defendant fails to provide adequate information, the court may intervene and order the defendant to comply with the discovery request.

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