The motion to quash is GRANTED. Plaintiff AKF failed to follow the procedural requirements of Code of Civil Procedure section 708.120. The Court notes SCC Acquisitions, Inc. v. Sup. Ct. (2015) 243 Cal.App.4th 741 and Shrewsbury Mgmt., Inc. v. Sup. Ct. of Santa Clara County (2019) 32 Cal.App.5th 1213. The subpoena at issue was issued for production of documents at the attorney’s office and not in court as part of the judgment debtor examination of defendant Mark Berry. (Motion, Exh. 1.) As such, the third- party subpoena is not tethered to any examination proceeding.
Hearing Date
November 04, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
The motion to quash is GRANTED. Plaintiff AKF failed to follow the procedural requirements of Code of Civil Procedure section 708.120. The Court notes SCC Acquisitions, Inc. v. Sup. Ct. (2015) 243 Cal.App.4th 741 and Shrewsbury Mgmt., Inc. v. Sup. Ct. of Santa Clara County (2019) 32 Cal.App.5th 1213. The subpoena at issue was issued for production of documents at the attorney’s office and not in court as part of the judgment debtor examination of defendant Mark Berry. (Motion, Exh. 1.) As such, the third- party subpoena is not tethered to any examination proceeding.