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28 1
MOTION TO QUASH THE DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS
RECORDS
XXX
[ENTER ADDRESS]
Respondent in Pro Per
SUPERIOR COURT OF THE STATE OF XXXX
FOR THE COUNTY OF XXXX
XXXX,
Petitioner
v.
XXXX,
Respondent
Case No.: XXXX
NOTICE OF MOTION; AND MOTION TO
QUASH THE DEPOSITION XXXX
FOR PRODUCTION OF BUSINESS
RECORDS
NOTICE OF MOTION
To the Petitioner and to her Attorney(s) of Record:
Please TAKE NOTICE that on [ENTER DATE], at [ENTER TIME] or soon thereafter,
the Respondent herein will move this Court, for an order granting Respondent’s Motion to Quash
the Deposition Subpoena for the production of business records.
This motion is brought pursuant to Code of Civil Procedure Section 1987.1 on the ground
that the information sought was already presented in the court in the past court hearing.
The motion will be based on this Notice of Motion, the Memorandum set forth below,
and the Separate Statement setting forth the particular documents or demands in issue, on the
records and file herein, and on such evidence as may be presented at the hearing of the motion.
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28 2
MOTION TO QUASH THE DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS
RECORDS
Dated: [ENTER DATE]
____________________________
XXXX
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28 3
MOTION TO QUASH THE DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS
RECORDS
XXXX
[ENTER ADDRESS]
Respondent in Pro Per
SUPERIOR COURT OF THE STATE OF XXX
FOR THE COUNTY OF XXXX
XXX
Petitioner
v.
XXXX,
Respondent
Case No.: XXXX
MOTION TO QUASH THE DEPOSITION
XXX FOR PRODUCTION OF
BUSINESS RECORDS; & MEMORANDUM
OF POINTS AND AUTHORITIES IN
SUPPORT THEREOF.
COMES NOW, Respondent, XXXX, pro se, files this Motion to quash the
deposition subpoena seeking the production of business records, pursuant to Code of Civil
Procedure (hereinafter “CCP”) Section 1987.1. In support of this Motion, Petitioner states as
follows:
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
QUASH THE SUPOENA SEEKING PRODUCTION OF DOCUMENTS
FACTUAL BACKGROUND
On XXX, the Petitioner filed a deposition subpoena, seeking the production of
business records. The subpoena was directed to Citibank N.A., Citigroup Global markets, which
is Respondent’s witness. Notably, the Petitioner demanded the production of the following
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28 4
MOTION TO QUASH THE DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS
RECORDS
documents: pension, savings, and retirement benefits records of the Respondent, records showing
the amounts of contributions, the current value thereof, and details as to the payment of benefits
to Respondent.
On the same day, the Petitioner filed a Notice to Petitioner seeking the aforesaid records
for examination on XXXX.
ARGUMENTS
There is a reasonable ground to grant Respondent’s motion and quash the subpoena
Code of Civil Procedure section 1987.1 allows a court to quash a subpoena or issue
protective orders “upon motion reasonably made….” Titmas v. Superior Court (2001) 87
Cal.App.4th 738, 74. Further, “[d]iscovery is liberalized ‘in favor of disclosure unless the request
is clearly improper by virtue of well-established causes for denial.” Williams v. Super. Ct. (2017)
3 Cal. 5 th 531, 541.
It is also worth to note that the court should consider the nature of the objections raised
by the party resisting disclosure and the availability of alternative, less intrusive means of
obtaining the requested information. See Hooser v. Super Ct. (2000) 84 Cal. App. 4 th 997, 1004.
Further, the correct test for the court to employ in properly allocating the burden of
discovery between the parties as stated in Southern California Edison Company v. The Superior
Court of Los Angeles (1972) 7 Cal. 3d 832, is that the court should weigh the relative importance
of the information sought against the hardship that its production might entail, and it must weigh
the relative ability of the parties to obtain the information before requiring the adversary to bear
the burden or cost of production, keeping in mind the statutory admonition of entering an order
consistent with justice.
In the instant action, the Respondent avers that the information sought by the Petitioner
were already presented in this Honorable Court in the previous hearing. The Petitioner is
therefore able to obtain the information in the requested records from the information presented
to the court in the last court hearing. There is therefore no reasonable ground to demand the
Respondent to reproduce the said information again.
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28 5
MOTION TO QUASH THE DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS
RECORDS
CONCLUSION
Based on the above, Respondent XXX respectfully requests that the
Court grant this Motion to Quash the Deposition Subpoena for the Production of business
records on the aforesaid grounds.
Dated: ________
Respectfully submitted,
Signature
_________________________
XXX
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28 6
MOTION TO QUASH THE DEPOSITION XXX FOR PRODUCTION OF BUSINESS
RECORDS
XXXX
[ENTER ADDRESS]
Respondent in Pro Per
SUPERIOR COURT OF THE STATE OF XXXX
FOR THE COUNTY Of XXX
xxx
Petitioner
v.
XXX
Respondent
Case No.: XXXX
MOTION TO QUASH THE DEPOSITION
XXXX FOR THE PRODUCTION OF
BUSINESS RECORDS & MEMORANDUM
OF POINTS AND AUTHORITIES IN
SUPPORT.
STATEMENT SETTING FORTH THE PARTICULAR DOCUMENTS OR DEMANDS
IN ISSUE
Respondent avers that the Petitioner demands the production of the following documents
in Petitioner’s Deposition Subpoena:
i. Pension, savings and retirement benefits records of the Respondent,
ii. Records showing the amounts of contributions,
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28 7
MOTION TO QUASH THE DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS
RECORDS
iii. The current value thereof, and
iv. Details as to the payment of benefits to Respondent.
Dated: ________
Respectfully submitted,
Signature
XXX
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28 8
MOTION TO QUASH THE DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS
RECORDS
CERTIFICATE OF SERVICE
I hereby certify that on [ENTER DATE], copies of the foregoing document have been
sent to the Petitioner in the following address:
XXX
Attorneys for Petitioner
DATED: ______________
Respectfully submitted,
Signature
_________________________
XXX
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