The push to rein in discovery abuse

As reported in the Los Angeles Daily Journal on May 11, 2026, the efforts of Judge Lawrence Riff and the council are truly commendable. They identified a culture that should be changed and formulated the "10 Principles for Fixing Civil Discovery."

"I will argue that the term 'culture' should be reserved for the deeper level of basic assumptions and beliefs that are shared by members of an organization, that operate unconsciously and that define in a basic 'taken-for-granted' fashion an organization's view of itself and its environment. These assumptions and beliefs are learned responses to a group's problems of survival in its external environment and its problem of internal integration. They come to be taken for granted because they solve those problems repeatedly and reliably. (Schein, page 6)

Judge Riff and the council discussed and identified the problems and solutions ending up formulating the 10 Principles. But how do they embed and transmit the 10 Principles?

"The most powerful primary mechanisms for culture embedding and reinforcement are 1) what leaders pay attention to, measure and control; 2) leaders reaction to critical incidents and organizational crises; 3) deliberate role modeling, teaching and coaching by leaders 4) criteria for recruitment, selection, promotion, retirement and excommunication." (Edgar H. Schein, Organizational Culture and Leadership pp 224-225)

Indeed, they were discussed by Judge Riff and the council. However, I would add the following:

1.      Every morning sessions, the judges should briefly tell the lawyers about the 10 Principles, CCP 2016.090 and CCP 871.26 (Lemon Law cases), or during the Case Management Conferences.

2.      Publish the 10 Principles on our Bulletin Board with copies placed at counsel's table.

3.      Codify the 10 Principles in our Local Rules.

4.      Get legislation passed adopting the 10 Principles modeled after CCP 2016.090 and imposing sanctions for any violation.