Los Angeles, CA asked in Civil Litigation for California

Q: If a party answers with objection only to production demand, is it required to provide statement of inability to comply?

If a party answers with objection only to production demand, is it required to provide statement of inability to comply?

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2 Lawyer Answers
Pavel Kolmogorov
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Answered

A: The party to whom the CCP § 2031.010 demand is directed must respond separately to each item in the demand by one of the following: (1) Agreement to Comply: State that you will comply with the demand by the date specified for inspection (2) Objections: You can object to all or part of the demand. Your objections must be specific and state the legal grounds for the objection (e.g., attorney-client privilege, work product doctrine, overbreadth), or (3) Inability to Comply: If you cannot comply with the demand, you must: (i) State that you conducted a diligent search and reasonable inquiry to locate the item, (ii) Explain why you cannot comply. (the item never existed, … has been lost, stolen, or destroyed, or the item is not in your possession, custody, or control. If this is the case, you must provide the name and address of anyone you believe might have the item.) Accordingly, if the party responds with only an objection, it is not required to provide a statement of inability to comply.

James L. Arrasmith
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Answered

A: Under California Code of Civil Procedure Section 2031.240, when responding to a demand for production of documents with objections only, you are not required to provide a statement of inability to comply.

However, it's considered best practice to include such a statement if applicable, as this helps prevent discovery disputes and potential motions to compel. The responding party should make clear whether they are withholding documents based on their objections or if they simply don't have responsive documents to produce.

The key is to ensure your objections are specific and clearly stated. If you're withholding documents based on privilege or other valid grounds, you should say so explicitly in your response. This transparency helps facilitate meaningful meet and confer discussions between parties and can prevent unnecessary court intervention.

Remember that while not legally required when only objecting, providing a statement about inability to comply (if true) can demonstrate good faith in discovery and potentially save time and resources later in litigation.

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