San Diego, Calif. (April 10, 2024)- California
legislators have changed the rules of discovery in civil cases
through the passage of amendments to Code of Civil Procedure
sections 2016.090 and 2023.050, effective January 1, 2024.
Section 2016.090 creates a new set of rules for civil litigators
in cases filed on or after January 1, 2024, which permits any party
to the litigation to demand initial disclosures be provided within
60-days. Such a demand can be made any time after a party has filed
a responsive pleading, including a demurrer or motion to
strike.
Notably, this rule requires production of all information
relevant to any causes of action that are pled at the time of the
demand, meaning the parties may be required to disclose information
related to claims that are being challenged on demurrer or a motion
to strike, such as claims for punitive damages. This statute is
only implicated when one of the parties to the action makes a
demand and may be modified
