Legal Question in Employment Law in California

I am self representing in a lawsuit against my former boss (an attorney) for unpaid vacation wages. I served her bank with a subpoena duces tecum, and was informed that I needed to serve a notice to consumer first & reserve the subpoena on the bank. I was also informed that since I put the hearing date on the subpoena that I wouldn't get the records until that day. So, I changed that date on the original subpoena and had it reserved. About a week later, I get a letter from my boss saying I committed fraud & she would inform the court of my "malfeance."

She is demanding that the bank not produce the checks (which i already paid for.)

My question is: did I unknowingly commit fraud? Or is she merely badgering me with more threats? Should I write a declaration to the court to explain why I changed the date?! Could I face legal repercussions for my stupid mistake?

Asked on 4/19/11, 5:20 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If all you did was take the original subpoena and reuse it by changing the date of production and then resigning or re-dating the las line as to when the subpoena was signed by you, then it is a valid subpoena and you have done nothing wrong from a legal standpoint. If you changed the date of compliance only, then yo have acted improperly but the court will likely consider it a minor error on your part. If your former boss does not move to quash the subpoena your will get the records you seek and maybe a very brief lecture from the judge; you should apologize to the court and your former boss for your unintentional error and point out it was harmless and she did not take any legal action to prevent the records from being produced. Malfeasance requires an intentional act, misfeasance can be unintentional [point out briefly to judge she is using wrong term].

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Answered on 4/21/11, 6:13 am

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