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§ 2031.240.Partial objection to demand; identification of source of

Title 4. Civil Discovery Act · Chapter 14. Inspection, Copying, Testing, Sampling, and Production of Documents, Electronically Stored · Article 2. Response to Inspection Demand · Last amended 2031 · Last verified July 29, 2026

In one sentenceSection 2031.240 requires a partial objection to still address the unobjectionable remainder of an item, requires an objection to identify with particularity what falls within it and state its ground, requires privilege claims to name the specific privilege, and requires a privilege log where necessary to support an objection.

Full Text of § 2031.240

Text sizeJump to: (a) (b) (c)

(a) If only part of an item or category of item in a demand for inspection, copying, testing, or sampling is objectionable, the response shall contain a statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category.
(b) If the responding party objects to the demand for inspection, copying, testing, or sampling of an item or category of item, the response shall do both of the following:
(1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made.
(2) Set forth clearly the extent of, and the specific ground for, the objection. If an objection is based on a claim of privilege, the particular privilege invoked shall be stated. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted.
(c) (1) If an objection is based on a claim of privilege or a claim that the information sought is protected work product, the response shall provide sufficient factual information for other parties to evaluate the merits of that claim, including, if necessary, a privilege log.
(2) It is the intent of the Legislature to codify the concept of a privilege log as that term is used in California case law. Nothing in this subdivision shall be construed to constitute a substantive change in case law.

Plain-English Summary

An objection cannot be used to shut down an entire demand when only part of it is objectionable, and this section makes that explicit. When only a portion of an item or category is objectionable, the response still has to include a statement of compliance or a representation of inability to comply covering whatever remains.

Where a genuine objection is raised, the response has to identify with particularity any document, tangible thing, land, or electronically stored information that falls within the objectionable category, and it has to state clearly both the extent of the objection and the specific ground supporting it. A privilege objection has to name the particular privilege being invoked, and a work-product objection has to expressly assert that claim rather than gesture at it generally.

When an objection rests on privilege or work-product protection, the response has to supply enough factual information for the other parties to evaluate the claim, including a privilege log where one is necessary. The Legislature added this privilege-log requirement to codify a concept already recognized in California case law, not to change the substance of that law, so the log itself functions as a roadmap that lets opposing counsel and, if necessary, the court test whether the claimed protection truly applies to each withheld item.

Frequently Asked Questions

Can an objection cover an entire item if only part of it is objectionable?

No, the response must still include a statement of compliance or inability to comply for the unobjectionable remainder.

What must an objection identify?

With particularity, any document, tangible thing, land, or electronically stored information falling within the objectionable category, along with the extent of and specific ground for the objection.

What must a privilege objection state?

The particular privilege invoked, and if work product is claimed, that claim must be expressly asserted.

Is a privilege log required?

Yes, if necessary to provide sufficient factual information for the other parties to evaluate a privilege or work-product claim.

Amendment History

(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2009, c. 5 (A.B.5), § 13, eff. June 29, 2009; Stats.2012, c. 232 (A.B.1354), § 1.) WESTLAW © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 § 2031.240. Partial objection to demand; identification of source of objection; statement of grounds..., CA CIV PRO § 2031.240

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: privilege log requirement californiapartial objection to document request california