SB 235: New Initial Disclosure Requirements in California Civil Actions

On January 1, 2024, SB 235, an amendment to California Code of Civil Procedure Section 2016.090 to streamline initial disclosures in civil actions, went into effect. The changes apply to cases filed on or after January 1, 2024, and will be in effect until January 1, 2027.

Key Changes in SB 235

Under the amended rule, all parties are now required to make initial witness and document disclosures within sixty days of a demand from any party. Previously, parties had to agree and obtain a court order for initial disclosures, with a deadline of forty-five days after the court’s order. Additionally, parties must now provide any relevant insurance policies to cover potential judgments.

Supplemental Demands and Disclosure Requirements

Section 2016.090 allows parties to submit supplemental demands twice before the trial is scheduled and once after the trial date is set. However, a party cannot avoid making initial disclosures simply because they have not fully investigated the case or because they are waiting for another party to disclose.

Required Information for Initial Disclosures

The initial disclosures must include the following:

1. Personal Information: Names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information. (Cal. Code Civ. Proc., § 2016.090(a)(1)(A)).
2. Documents and Tangible Items: A copy or description of all documents, electronically stored information, and tangible things relevant to the subject matter of the action. (Cal. Code Civ. Proc., § 2016.090(a)(1)(B)).
3. Insurance Policies: Any contractual agreement or insurance policy under which an insurance company may be liable to satisfy a judgment. (Cal. Code Civ. Proc., § 2016.090(a)(1)(C)).
4. Additional Agreements: Any and all contractual agreements and insurance policies under which a person may be liable to satisfy a judgment. (Cal. Code Civ. Proc., § 2016.090(a)(1)(D)).

Exceptions to the Initial Disclosure Requirements

These initial disclosure requirements do not apply to the following:

1. Unlawful Detainer Actions (as defined in Section 1161).
2. Small Claims Actions (as defined in Section 116.210).
3. Family Code Actions or Proceedings.
4. Probate Code Actions or Proceedings.
5. Actions with Preference Granted under Section 36. (Cal. Code Civ. Proc. § 2016.090(b)).

Purpose of SB 235 Amendment

The goal of the amendment to Section 2016.090 is to reduce litigation costs and promote early resolution by requiring parties to disclose their initial claims and defenses. This allows parties to assess the strengths and weaknesses of their case early on.

Penalties for Non-Compliance

Failure to comply with the initial disclosure requirements under this section now results in a mandatory $1,000 sanction, up from the previous $250 sanctions. (Cal. Code Civ. Proc. § 2023.050).

At TONG LAW, we are experienced in representing plaintiffs in litigation and navigating California’s civil procedures.