The following excerpt is from Blount v. Lopez, Case No. 1:13-cv-01705 DLB (PC) (E.D. Cal. 2014):
1. Property is deemed within a party's possession, custody or control if the party has actual possession, custody or control thereof, or the legal right to obtain the property on demand. Allen v. Woodford, 2007 WL 309945, *2 (E.D. Cal. 2007).
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