Legal Question in Civil Litigation in California

I submitted a subpoena to the respondent's place of work for employment records. On the first page of SUB-010 where it asks for deposition officer I put the company name that will be providing the deposition services. This company CEO/President has his Professional Photocopier license and it is current. The CEO has certified process servers to deliver the subpoena to the witness. At this time the respondent is trying to squash the subpoena. They say that the deposition officer’s name I placed on the SUBP-010 is invalid because something to the effect that the name is not properly registered. Respondent is referencing CCP 2020.420 as the code that is being violated. Is the respondent in this case able to squash this subpoena solely based on the fact that I placed the company name that the deposition officer owns on the SUBP-010 rather than the name that is on the Professional Photocopier’s license even though the license states the proper company name stated on the SUBP-010? Is there any CCP code that I can use to respond to this matter?

Asked on 5/31/13, 3:59 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

So my first question is are they right? What name is the person registered under? A professional photocopier can be a person or a corporation/partnership under BPC 22452. You should list how they are registered in the county...If the subpoena is wrong move to modify it, if the subpoena is right be prepared to show why...

If you are having these difficulties this early on in litigation maybe you are in too deep and need an attorney...

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Answered on 6/01/13, 6:43 am

Anthony Roach Law Office of Anthony A. Roach

The issue is not whether you need a different statute, but whether your photocopier complies with the statute. Look carefully at the provisions of Code of Civil Procedure section 2020.420. As Mr. Green asks, are they right? In other words, is your photocopier registered, or do they meet the exemption under Business and Professions Code section 22451? That is what your opposition to the motion to "quash" (not squash) should be based on.

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Answered on 6/03/13, 1:52 pm

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