Judge: Douglas W. Stern, Case: 20STCV14412, Date: 2022-09-08 Tentative Ruling

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Case Number: 20STCV14412    Hearing Date: September 8, 2022    Dept: 52

Tentative Ruling:

Christopher J. Grouse’s Motion to Quash Subpoena           

Non-party Christopher J. Grouse moves under CCP § 1987.1 to quash a subpoena for his appearance and testimony served by judgment creditors’ assignee, Asset Liquidation Group, Inc.

Quashing the Subpoena

            Grouse shows two grounds to quash the subpoena.  First, a subpoena must be served by delivery “to the witness personally.”  (CCP § 1987(a).)  Assignee did not personally serve Grouse with the subpoena.  He found the subpoena taped to the door of his home.  (Grouse Decl., ¶ 2.)

            Second, one “is not obliged to attend as a witness… unless the witness is a resident within the state at the time of service.”  (CCP § 1989.)  Grouse is not a resident of California and has not resided in California in the past five years.  (Grouse Decl., ¶ 2.)  The subpoena itself includes Grouse’s address in Charlotte, North Carolina.  (Grouse Decl., Ex. 1.)

Sanctions

Grouse seeks sanctions against assignee Asset Liquidation Group, Inc.  “[T]he court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.”  (CCP § 1987.2(a).)

The subpoena was oppressive.  It purported to require a North Carolina resident appear in person to testify in California.  That requirement is unreasonable and expressly prohibited by CCP § 1989.

The court finds Grouse reasonably incurred $2,690 in expenses.  Grouse incurred the $435 fee for filing his first paper in this case plus $2,255 in attorney fees (four hours at $495 hourly plus half an hour at $550 hourly).

Disposition

The motion is granted.