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TOSHIBA v. SUPERIOR COURT

No. H027029.

21 Cal.Rptr.3d 532 (2004)

124 Cal.App.4th 762

TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC., Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; Lexar Media, Inc., Real Party in Interest.

Court of Appeals of California, Sixth District.

December 3, 2004.

Attorney(s) appearing for the Case

Morrison & Foerster, Michael J. Jacobs, Kenneth A. Kuwayti, Jana G. Gold, Palo Alto, Tami L. Swiger, Alan Cope Johnston, Louise C. Stoupe, Taro Isshiki, Toyko, for Petitioner Toshiba America Electronic Components, Inc.

Weil, Gotshal & Manges, David J. Healey, Houston, TX, Lisa R. Eskow, Austin, TX, Matthew D. Powers, Christopher J. Cox, Perry Clark, Redwood Shores, for Real Party in Interest Lexar Media, Inc.

PREMO, J.

In this discovery dispute the parties disagree about whether the demanding party or the responding party should pay the cost (possibly as much as $1.9 million) for recovering usable information from the responding party's computer backup tapes. We conclude that in a proper case, Code of Civil Procedure, section 2031, subdivision (g)(1)1 (hereafter section 2031(g)(1)) requires the demanding party to pay that expense. The determination...

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