The Judicial Council of California approved proposed legislation amending civil discovery law and procedures for handling the discovery of electronically-stored-information in California. California’s Code of Civil Procedure does not currently address ESI. The proposed legislation is designed to incorporate new e-discovery provisions into the framework of the state’s civil discovery law and is expected to become effective January 1, 2009.

Enacted States	Proposal States
Arizona	Alaska
Arkansas	California
Connecticut	Iowa
Idaho	Maryland
Illinois	Nebraska
Indiana	Ohio
Louisiana	Virgina
Minnesota
Mississippi
Montana
New Hampshire
New Jersey
New York
North Carolina
Texas
Utah

The Judicial Council of California is again proposing amending California’s Civil Discovery Act and the California Rules of Court, incorporating Electronic Discovery into the management of civil cases.
This proposal parallels a similar proposal in 2006, which included new provisions relating to electronic discovery. However, the committee defered the proposed rule changes, concluding any such changes should be part of a more comprehensive approach to electronic discovery.  
The current proposal would amend:
Civil Discovery Act -  adding new provisions and two sections, addressing electronic discovery.
California Rules of Court - two case management rules (rules 3.724 and 3.728) would be amended encouraging:

1. Parties identify and discuss issues relating to electronic discovery early in the course of litigation.
2. Courts address electronic discovery issues in case management orders.

Proposal

By John Horn, Los Angeles Times Staff Writer September 21, 2007.
The LA Times reports a judge ordered New Line Cinema to pay $125,000 and hire an outside document retrieval service after evidence isn't produced.

An irritated U.S. Magistrate Judge found New Line may have destroyed documents - failing to suspend automatic destruction of ESI and conducted haphazard searches for documents and e-mails - with no degree of certainty of how and by whom the searches were conducted.

Minnesota amended its Rules of Civil Procedure, becoming effective on July 1, 2007. Significant among the amendments, procedures for discovery of electronically stored information. The amended discovery rules for ESI,  parallel the Federal Rules of Civil Procedure amendments which became effective, December 1, 2006.