Judge: Colin Leis, Case: 22STCV16538, Date: 2023-03-06 Tentative Ruling

Case Number: 22STCV16538    Hearing Date: March 6, 2023    Dept: 74

1791 MANAGEMENT, LP, vs ENERGY VAULT, INC. 22STCV16538

 Motions to Quash re Interactive Brokers Group, Inc, and Tradestation Securities Inc.

 The court does not find plaintiff’s arguments in support of its motions to quash persuasive, with one exception. That one exception involves defective service of the subpoenas on non-parties Jonathan Wallentine and 1791 LLC, a defect on which Wallentine and 1791 LLC stand. Code of Civil Procedure section 1985.3, subdivision (b), requires personal service of a subpoena on a consumer who is a non-party; service on a consumer’s attorney suffices only if the consumer is a party. (See § 1985.3, subd. (b)(1) [copy of the subpoena shall be served “to the consumer personally . . . or, if he or she is a party, to his or her attorney of record.”].) Defendant cites no authority that notice to a non-party consumer’s attorney -- as opposed to actual compliance with section 1985.3, subdivision (b) -- suffices. (See Oppos. page 7 lines 10-12, page 8 lines 14-16.) Accordingly, the court grants in part the motion to quash by striking from the requests for production the references to “1791 LLC, and/or WALLENTINE.” The court orders compliance with the subpoenas as modified.