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Non-party discovery is an effective tool when used properly. Parties often fail to do so, however, and instead serve discovery that is inconsistent with the requirements of California’s Civil Discovery Act (the “CDA”), Cal. Civ. Proc. Code §§ 2016.010-2036.050. This is notparticularly surprising considering the fact that the rules for parties and non-parties overlap in a number of ways, and attorneys are often unfamiliar with the slight, yet important, differences between the two.
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