California Code of Civil Procedure 2031.320
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California > Code of Civil Procedure
§ 2031.320 Motion for order compelling compliance on failure to permit inspection in accordance with response; monetary and other sanctions
| (a) If a party filing a response to a demand for inspection under Section 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permit the inspection in accordance with that party's statement of compliance, the party demanding the inspection may move for an order compelling compliance.
(b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with an inspection demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (c) If a party then fails to obey an order compelling inspection, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). Added Stats 2004 ch 182 � 23 (AB 3081), operative July 1, 2005. |
