Non-party FedEx Office and Print Service, Inc.’s motion to quash is GRANTED. Sanctions are awarded in the reduced amount of $810, payable by Plaintiff to FedEx Office and Print Service within ninety (90) days.
Background
Plaintiff Jeremiah W. Balik alleges that he entered into a verbal/written contract with Defendant Chocolate Shoppe Ice Cream Company, Inc., in order to market and sell Defendant’s ice cream. Defendant allegedly breached the agreement.
On May 23, 2017, Plaintiff was involved in an altercation at a FedEx location with another patron. (Davis Decl., ¶ 3.) On December 15, 2017, Plaintiff subpoenaed FedEx for a copy of the security camera footage from the incident. (Davis Decl., ¶ 2, Exh. A.) FedEx now moves to quash the subpoena.
Legal Standard
Pursuant to CCP § 1987.1(a):
(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an iss
Type
BREACH OF CONTRACT (Limited Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Non-party FedEx Office and Print Service, Inc.’s motion to quash is GRANTED. Sanctions are awarded in the reduced amount of $810, payable by Plaintiff to FedEx Office and Print Service within ninety (90) days.
Background
Plaintiff Jeremiah W. Balik alleges that he entered into a verbal/written contract with Defendant Chocolate Shoppe Ice Cream Company, Inc., in order to market and sell Defendant’s ice cream. Defendant allegedly breached the agreement.
On May 23, 2017, Plaintiff was involved in an altercation at a FedEx location with another patron. (Davis Decl., ¶ 3.) On December 15, 2017, Plaintiff subpoenaed FedEx for a copy of the security camera footage from the incident. (Davis Decl., ¶ 2, Exh. A.) FedEx now moves to quash the subpoena.
Legal Standard
Pursuant to CCP § 1987.1(a):
(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an iss