Re: Maryerie Berrios v. Heather Renee Holding
Superior Court No. 17CECG00995
Hearing Date: If Requested, Thursday March 8, 2018 @ 3:00 p.m. (Dept. 402)
Motion: Defendant Holding’s Motion to Quash
Tentative Ruling:
To GRANT.
Explanation:

“If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things . . . at the taking of a deposition . . . the court, upon motion . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare…” (Code Civ. Proc., §1987.1, subd. (a).)

Here, Plaintiffs are attempting to circumvent the discovery stay by addressing requests to Defendant’s Attorney. But the stay applies to all discovery regarding Defendant Holding. (see Ten., adopted: 11/8/17.) Therefore, Plaintiffs’ argument that the Subpoena is not specifically directed to Defendant Holding lacks merit. The requests themselves ask for records from Defendant’s case file maintained by Defendant’s Attorney for Defendant’s benefit. These are Defendant’s records and documents.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling
Issued By: JYH on 3/6/18 .
(Judge’s initials) (Date)