The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
The district attorneys of several counties served Alorica with an investigative subpoena to produce records regarding it debt collection practices and in particular with respect to its collections for a national bank. Held, the subpoena was properly enforced. That Alorica claims not to be a debt collector within the meaning of the Rosenthal Fair Debt Collection Practices Act is no… Read More
This decision outlines the seven factors a trial court should consider in deciding a third party's motion to quash a subpoena served on it by a criminal defendant. Most important of those factors, particularly when the subpoena seeks social media posts, are the defendant's proof of a plausible justification for needing the subpoenaed documents and the consideration of privacy and… Read More
Defendant’s repeated kicks and punches of the plaintiff was sufficient evidence of malice and/or intent to injure, thus providing sufficient justification for a punitive damages award. Read More
Motions to quash a subpoena on an internet service provider may be pursued even after the subpoena has been withdrawn, since there is no assurance in a voluntary withdrawal that the subpoena will not be reissued later, further harassing the same party for his exercise of free speech rights. Read More
A company that operates an employer-review website must cooperate with a grand jury subpoena unless there is evidence that the grand jury’s investigation is being conducted in bad faith. Read More
A non-party witness must be subpoenaed for a deposition unless, among other things, the witness can be expected to comply with a party’s directive to appear for the deposition. Read More
