Experts Need To Produce Files 3 Business Days BEFORE their deposition

As of January 1, 20expert file, ccp 2034.41517, a deponent who is served with a deposition notice or subpoena calling for electronically stored information to provide a means of gaining direct access to, or a translation into a reasonably usable form of, any information that is password protected or otherwise inaccessible. The bill would also require an expert who is served with a deposition notice, as specified, to produce any materials or category of materials, including any electronically stored information, no later than 3 business days before his or her deposition. (AB-2427)

The text of the law provides: An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by the deposition notice. (California Code of Civil Procedure § 2034.415).

No more are the days of the expert showing up with numerous banker’s boxes filled with materials.  Tip: because the timing requires “business days,” take advantage of that language and set the depo on a Monday and get two extra days for free.

Eric Papp, Esq.


California Employees Cannot be forced into Foreign Courts by Employer

Far far away

California employees cannot be forced to litigate their employment claims far, far away.

Far Far Away

California has always been protective of its citizens.  However, with the ever increasing mobility of employees, some employers will insert a “choice of law” provision into employment contracts, either for convenience of the employer or for favorable (pro-employer) “forum shopping.”  Either way, as of January 1, 2017, California employees cannot be dragged into a foreign court quite so easily to litigate employment claims.

California Labor Code Section 925

California Senate Bill SB-1241 provides that after January 1, 2017,  an employer would be prohibited from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would require the employee to adjudicate outside of California a claim arising in California or deprive the employee of the substantive protection of California law with respect to a controversy arising in California. The bill would make any provision of a contract that violates these prohibitions voidable, upon request of the employee, and would require a dispute over a voided provision to be adjudicated in California under California law. The bill would specify that injunctive relief is available and would authorize a court to award reasonable attorney’s fees. The bill would provide that adjudication includes litigation and arbitration for purposes of these provisions. The bill would except from these provisions a contract with an employee who was represented by legal counsel, as specified.

Read the text of the law here: SB-1241 Employment contracts: adjudication: choice of law and forum.

Two notes: 1. the award of attorney’s fees is a huge hammer for the employee; and 2. the protection will not apply if the employee is represented by counsel when signing the contract.

Eric Papp, Esq.