I am going through the stage of discovery in my divorce case. In order to avoid going homeless, I lied in my application to rent a unit for my two children and I. I applied for the unit with someone else so that I would qualify to get the rental. In our divorce case my ex has sent me a subpoena requesting from the leasing office all applications and leasing contracts related to the property in which I live.
Can I legally protect the information of the other person and their personal information that applied with me and is in the contract? They do not want to be involved in any legal matters. Also, his attorney is acting as a "deposition officer" and he is NOT. Is there a law I can reference to object to the subpoena because his attorney has financial interest in case?
Family Law Attorney
The papers will be produced, if questioned tell the truth. The judge may understand in this period of economic depression.
I handle family law matters:, child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.
In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..
I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend using an attorney when you can afford one as that usually increases your chances of winning.
Do you want your current or ex-spouse to know or hire me first?
In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support proof of earnings, needs of the children and percentage of time spent with the child(ren).
In Community versus Separate Property, considerations include tracing the funds, and how profits are made.
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My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
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Divorce / Separation Lawyer
I think you may be a little confused about what has been served. If it is in fact a subpeona, then presumably it was served on your landlord or the leasing office. You are merely being provided with a service (courtesy) copy. It is not your job to comply with the subpeona and unless you have a valid basis for objecting to it, you cannot stop the landlord from complying or interfere.
The attorney can serve or have served a subpeona for the production of records. Not sure if that's what you mean by his acting like a deposition officer.
Is this in fact a subpeona? Or were you served with a Request for Production? Or a notice of taking YOUR deposition with a request to produce documents at the deposition. Not sure what you mean when you say the attorney is "acting as a deposition officer".
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Family Law Attorney
Agreed with the other attorney's response. One more addition to answer your question: as a general rule, all information is discoverable (for example by subpoena) if it will likely lead to relevant evidence. And from what's presented above, there does not appear to be any confidentiality privileges.
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I have read your comments to each of my colleagues answers. You're grasping at straws and barking up the wrong tree. The code section you cite has nothing to do with whether or not the adverse party's attorney can subpoena records from your landlord or require you to produce them at your deposition.
The application you submitted to your landlord is clearly discoverable in your dissolution case. Still, you may wish to file a motion pursuant to Code of Civil Procedure section 1987.1 if the notice or subpoena is procedurally defective. If would be defective if, for example, a Notice to Consumer was not served with a copy of the notice or subpoena. The subpoenaing party is not the deposition officer but merely counsel for opposing party, i.e., the requesting party.
The third party may also object by serving written objections on the landlord and opposing counsel prior to the production date. The third party, whose consumer information may be contained in the application, would have a substantially better basis to object than you.
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