What would be the basis to argue motion to quash subpoena for production of documents when wrong party is named?

Asked over 1 year ago - Los Angeles, CA

Subpoena to produce documents filed with the court and served to party (my boss), but in reviewing the documents the court form for the subpoena (CA), AO88B lists the appropriate party, but the attachment stating what information they are requesting be produced lists another, incorrect company not named a party in the action. What would be his arguments in his motion to quash subpoena?

Attorney answers (2)

  1. Adrienne Patricia Allen

    Contributor Level 15

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . While you can probably argue the technical error it is only delaying the inevitable. The subpoena will simply be re-issued and served. It is also possible also, that the court will find that since the papers do have the bosses name on them and it is incorrect in the attachment, it is still proper and sanctions could be awarded against your boss for making the motion. I just don't know that it's worth the time, effort and risk of all of the motion paperwork and possible court appearance that will be necessary. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. Athina Karamanlis Powers

    Pro

    Contributor Level 17

    Answered . I agree with my colleague . If your boss wants that root that's fine but will delay the process nothing else

    Disclaimer: The information contained in this website is provided for informational purposes only, and should not... more

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