Does a trial court have the power to exclude documents that have not been produced in response to a discovery request?

California, United States of America


The following excerpt is from BOOKOUT V. State Of Cal. Ex Rel.Dep't Of Transp.., No. B214906, No. CV 060384 (Cal. App. 2010):

Bookout cites Pate v. Channel Lumber Co. (1977) 51 Cal.App.4th 1447, 1455, for the proposition that the trial court has the power to exclude documents that a party has failed to produce in response to discovery requests. But in Pate, the trial court found that the party who failed to produce the requested documents had "'played fast'" with the discovery rules. (Id. at p. 1453.) The trial court found no such bad faith here. Discovery sanctions are reviewed for an abuse of discretion. (Id. at p. 1454.) The trial court did not abuse its discretion.

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