Section 59.4 - Abuse of the Discovery Process; Sanctions(a) Abuse of the discovery process includes, but is not limited to, the following: (1) Persisting, over objection and without substantial justification, in an attempt to obtain information or materials that are outside the scope of permissible discovery.(2) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.(3) Failing to respond or to submit to an authorized method of discovery.(4) Making, without substantial justification, an unmeritorious objection to discovery.(5) Making an evasive response to discovery.(6) Disobeying an order to provide discovery.(7) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery.(8) Failure to meet and confer for an informal resolution of a discovery dispute.(b) At the discretion of the Chief ALJ or the assigned ALJ, any party who is found to have abused the discovery process as set forth in subdivision (a) shall be subject to sanctions as ordered by the Chief ALJ or the assigned ALJ. Such sanctions may include: (1) An order prohibiting the introduction of designated matters into evidence by the abusing party;(2) An order establishing designated facts, claims, or defenses against the abusing party; and/or(3) Any other order as the Chief ALJ or assigned ALJ may deem appropriate under the circumstances.Cal. Code Regs. Tit. 2, § 59.4
1. New section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34). Note: Authority cited: Section 18701, Government Code. Reference: Section 18675, Government Code.
1. New section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).