Judgment creditor’s application for OSC re contempt. Application denied.
Moving party has not provided sufficient evidence as to whether the witness has the ability to comply with the subpoena as to the documents which it contends have not been produced.
Furthermore, absent evidence that the witness has the ability to comply with the subpoena, there is no basis to find that the witness willfully disobeyed the subpoena. (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.)
While MP has shown the rendition of a valid order, i.e. the subpoena (CCP 1209(a)(10)), and the witness’ actual knowledge of the subpoena via personal service of same (Hardeman Decl. in support of motion, Para. 6 and Ex. 2 thereto), MP has not provided evidence of a valid order to compel Goodman to produce anything other than documents in his own possession [although Goodman has voluntarily produced documents belonging to GLG and Goodman Mooney].
Specifically, according to the Reply, there are four categories of do
Hearing Date
September 01, 2017
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Judgment creditor’s application for OSC re contempt. Application denied.
Moving party has not provided sufficient evidence as to whether the witness has the ability to comply with the subpoena as to the documents which it contends have not been produced.
Furthermore, absent evidence that the witness has the ability to comply with the subpoena, there is no basis to find that the witness willfully disobeyed the subpoena. (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.)
While MP has shown the rendition of a valid order, i.e. the subpoena (CCP 1209(a)(10)), and the witness’ actual knowledge of the subpoena via personal service of same (Hardeman Decl. in support of motion, Para. 6 and Ex. 2 thereto), MP has not provided evidence of a valid order to compel Goodman to produce anything other than documents in his own possession [although Goodman has voluntarily produced documents belonging to GLG and Goodman Mooney].
Specifically, according to the Reply, there are four categories of do