What is the test for a motion to compel a custodian to produce all 'potentially relevant' records to support the motion?

California, United States of America


The following excerpt is from People v. Batiste, G044410, Super. Ct. No. 10WF0460 (Cal. App. 2012):

If the court finds good cause it is then required to conduct an in camera review of the records to decide which records, if any, should be disclosed. (People v. Gaines (2009) 46 Cal.4th 172, 179; Evid. Code, 1045, subd. (b).) The custodian of the records must produce "all 'potentially relevant' documents." (People v. Mooc (2001) 26 Cal.4th 1216, 1228-1229.) The custodian need not bring records it believes are not responsive or irrelevant to the motion. (Ibid.) But the court must inquire, on the record, as to the basis for that determination and the custodian must disclose which documents were produced and why. (Ibid.)

The court is also required to examine the documents produced and to disclose those relevant to the subject matter of the action and not excluded by statute. (People v. Mooc, supra, 26 Cal.4th at pp. 1226-1227; Evid. Code, 1045, subd. (b).) The court must make a record of the documents it examined for appellate review. (People v. Mooc, supra, 26 Cal.4th at pp. 1227-1228.)

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