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Legal Reference Question of the Week

By Benita on December 19, 2013//Leave a comment

Question: What action can I take if a party fails to respond to my inspection demands?

 

Answer: During the discovery phase of a lawsuit, one party may demand that another party produce a document that is in the party’s possession, custody, or control. The demanding party is entitled to:

• Inspect and copy the document;

• Photograph, test or sample any tangible thing and

• Enter on any land or other property and to inspect, measure, survey, photograph, test or sample the land or other property, or any object or operation on it. CCP §2031.010(d).

 

According to the California Judges Benchguide: Civil Proceedings: Discovery (located at all four locations):

 

“A party served with inspection demands must serve a response within 30 days (five days in unlawful detainer). CCP §2031.260…Failure to respond waives all objections to the inspect demands, unless the judge grants a motion relieving the responding party from that waiver, and entitles the demanding party to obtain an order compelling responses. CCP §2031.300(a), (b)”.

 

 

Disclaimer: For this question, I researched one resource but we may have other materials in the library that provide the same information or additional information not covered in the resource used. Please note that the answers to these questions are not meant to be all-encompassing or to cover every nuance or exception that may apply. It is simply a starting point for you to conduct your own research.

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