Perspective
Jul. 18, 2012
'ESI' and 'data compilations': Why is Section 2031.280(e) still on the books?
The Electronic Discovery Act adopted federal cost shifting measures, but retained the state framework too. Why? By Mark Oneal Suttle of Parker, Milliken, Clark, O'Hara & Samuelian
Have you ever run across a statutory framework that left you feeling that something just didn't fit together? That was my reaction when the 2009 Electronic Discovery Act "adapted" new CCP Sections 2031.060(e) and 2031.310(f) from the federal model to allocate discovery costs for "electronically stored information" that is "not reasonably accessible," but also retained California's old "cost shifting&...
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