Third Party Production In Different Form Than Maintained Required

In a non published opinion, Daniel Vasquez v. California School of Culinary Arts, Inc. , the Second Appellate District of California held that a third party must comply with a subpoena requesting ESI in a format different than the manner in which the ESI was maintained where the requesting party offered to pay the reasonable cost of translating the data into the requested form under Pre-2013 employment records subpoena.
While no California authority existed on the subject, the appellate court relied on federal case law because of the similarities between California and federal discovery law. Under federal law, a nonparty cannot avoid complying with a subpoena seeking electronically stored information on the ground that it must create new code to format and extract that information from its existing database systems.