Q: Can Plaintiff demand Defendant to produce electronically stored information pursuant to CCP § 2031.280?
Can Plaintiff demand Defendant to produce electronically stored information pursuant to CCP § 2031.280?
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A:
Yes, a plaintiff can generally demand that a defendant produce electronically stored information (ESI) pursuant to California Code of Civil Procedure (CCP) § 2031.280.
Key points about CCP § 2031.280 and ESI production:
1. ESI inclusion: This section specifically addresses the production of ESI as part of discovery.
2. Format of production: The responding party must produce the information in the form in which it is ordinarily maintained or in a reasonably usable form.
3. Objections: The responding party may object to the requested form of ESI production, but must state the form it intends to use.
4. Multiple forms: A party need not produce the same ESI in more than one form.
5. Reasonably accessible information: Parties are only required to produce ESI that is reasonably accessible without undue burden or expense.
6. Cost-shifting: In some cases, the court may order the requesting party to pay for the costs of translating ESI into a usable form.
It's important to note that while plaintiffs can demand ESI production, there are limitations and potential grounds for objection. The specific circumstances of the case, the nature of the ESI, and any undue burdens or costs associated with production may affect the scope of what must be produced.
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