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Legal Memorandum: Discovery Request for Data Compilation in CA

Issue: Under California law, if a discovery request seeks the compilation of data, must the party to whom the request is directed always comply?

Area of Law: Litigation & Procedure
Keywords: Discovery request; Compilation of raw data; Unduly burdensome
Jurisdiction: California
Cited Cases: 53 Cal. App. 4; 52 Cal. App. 4th 813
Cited Statutes: None
Date: 04/01/2015

Where the compilation of raw data into the requested format would be unduly burdensome, it is not required.  See Person v. Farmers Ins. Grp. of Cos., 52 Cal. App. 4th 813 (1997) TA l "Person v. Farmers Ins. Grp. of Cos., 52 Cal. App. 4th 813 (1997)" s "Person v. Farmers Ins. Grp. of Cos., 52 Cal. App. 4th 813 (1997)" c 1 .

This type of significant burden on a nonparty to obtain information of little value to the litigation is unreasonable and oppressive, particularly if a less-intrusive alternative exists.  “The concerns for avoiding undue burdens . . . apply with even more weight to a nonparty.”  Calcor Sace Facility, Inc. v Superior Court, 53 Cal. App. 4th 216, 225 (1997)  TA s "Calcor Space Facility, Inc. v Superior Court (1997)" .

A party seeking to compel production of documents by a third party bears the burden of setting forth specific facts showing good cause to justify the requested discovery.  Id. at 223 TA s "Calcor Space Facility, Inc. v Superior Court (1997)" .

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