SUSAN FISHMAN, ) Case Number: FDI-16-785240
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Petitioner ) Hearing Date: February 22, 2018
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VS. ) Hearing Time: 9:00 AM
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DAVID FISHMAN, ) Department: 403
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Respondent ) Presiding: ROGER C. CHAN
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REQUEST FOR ORDER: QUASHING THE DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS AND SANCTIONS

TENTATIVE RULING

The Court has read and considered the pleadings, declarations, and other evidence submitted in this matter. After full consideration of these matters, and for good cause shown, the Court makes the following findings and orders:

1. Petitioner’s Motion to Quash the deposition subpoena for production of business records directed

to Gursey, Schenider & Co., LLC is DENIED. A party is entitled to take the sworn deposition of any person, even persons who are not parties to the action, including by a deposition for production of business records. Code of Civil Procedure Section 2020.010. Petitioner submitted two declarations from expert witness David J. Swan of Gursey, Schneider & Co. LLC in motions for support orders on 2/17/17 and 11/15/17. The special rules required by CCP Section 2034.210 do not prohibit discovery prior to that time. When an expert has become a witness on a material matter in dispute, the attorney-client privilege that previously existed is waived. National Steel Products Co. v. Superior Court (1985) 164 Cal.App.3d 476.

2. All of Petitioner’s Objections are OVERRULED.

3. Counsel for Respondent shall prepare the order.

4. The Court does not find that the motion was made or opposed in bad faith or without substantial justification, and therefore no sanctions are imposed.