Legal Question in Real Estate Law in California

Hello,

I have been served with a Deposition Subpoena to appear and testify and bring documents regarding a house i manage for a landlord. However, the landlord is out of the country and not available. Can i write a letter to the court and plaintiff that i cannot give any documents until i get approval from the landlord?

what can be done?


Asked on 9/30/09, 5:01 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

A Deposition Subpoena has the same force and effect as a subpoena to appear at trial. The plaintiff's attorney can serve you with the Deposition Subpoena and force you to produce specified documents, unless the documents being sought are protected by some privilege, such as the right to privacy (i.e. where the subpoena seeks disclosure of bank records or other private type information), or the attorney-client privilege. If you are not sure whether any of the documents may be witheld based upon some privilege, you would be well advised to take the subpoena to an attorney in your area and have the attorney advise you whether you should comply with the subpoena by producing the documents. Whether you produce documents or not, you are required to appear and can be held in contempt of court if you refuse to do so.

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Answered on 9/30/09, 5:12 pm


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