DENVER FLOYD VS. KMART CORPORATION

Case No.: 34-2008-00007603-CU-WT-GDS    

Denver Floyd v. KMart Corporation

Tentative Ruling, Defendant's Motion to Quash Plaintiff's Subpoena Duces Tecum Served Upon San Leandro, Calif., Police Department

Sept. 8, 2010

The motion of defendant Maria Villalobos to quash the subpoena duces tecum served by plaintiff upon the San Leandro Police Department is denied.

Defendant Maria Villalobos moves to quash plaintiff's subpoena duces tecum to the San Leandro Police Department, which demands the production of "Any and all records and documents, including any police report made by any investigating officer, regarding a report made by Maria Villalobos ... regarding a 'threatening phone call' she received on February 17, 2007."

Defendant's motion is made upon three grounds: (1) the information contained in the documents encompassed by the subpoena are not relevant to the litigation; (2) the Defendant's communications to the San Leandro Police Department were c........