California Enacts Broad Initial Disclosure Requirements Under The Civil Discovery Act

Governor Gavin Newsom recently signed Senate Bill 235 into law, significantly altering the civil discovery process in California. The new law amends California Code of Civil Procedure Sections 2016.090 and 2023.050. The new requirements apply to cases filed on or after January 1, 2024.

The new law introduces several major changes to the California Discovery Act, which now mandates parties to provide initial disclosures similar to (but broader than) those required under Rule 26(a) of the Federal Rules of Civil Procedure. Parties served with a demand for disclosure must respond within 60 days. The act now also imposes more serious monetary sanctions for bad faith discovery conduct, increasing the fine from $250 to $1,000, with potential mandatory reporting to the State Bar of California.