California Code of Civil Procedure

§ 1987.2

CCP § 1987.2 Effective Jan 1, 2013Title 3 · Part 4 · Ch. 2

Statute text

(a)Except as specified in subdivision (c), in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.

(b)(1) Notwithstanding subdivision (a), absent exceptional circumstances, the court shall not impose sanctions on a subpoenaed person or the attorney of a subpoenaed person for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system.

(2)This subdivision shall not be construed to alter any obligation to preserve discoverable information.

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Legislative history

Amended by Stats. 2012, Ch. 72, Sec. 7. (SB 1574) Effective January 1, 2013.