Judge: Layne H. Melzer, Case: 01CC01440, Date: 2022-07-28 Tentative Ruling

Pltfs. The Surface Pros, Mark Ferry
Motion to Quash Discovery Subpoena

Plaintiffs The Surface Pros and Mark Alan Ferry seeks an order quashing the civil subpoena (duces tecum) for personal appearance and production of documents, electronically stored information, and things at trial or hearing issued to Midway Law Firm APC and the civil subpoena (duces tecum) for personal appearance and production of documents, electronically stored information, and things at trial or hearing issued to Marc Applbaum (collectively, “Subpoenas”) by Judgment Creditor Judgment Recovery Assistance, LLC (“Judgment Creditor”).

The subpoenaed parties are the legal representatives of Judgment Debtor Mark Ferry (“Ferry”).  (Compton Decl., ¶ 8.)  The Subpoenas seek financial information relating to Ferry and Flordeliza Labesores, aka Flordeliza Bantilan Labesores (“Labesores”), who appears to be Ferry’s spouse.  (Id.) 

Before the Court proceeds with the merits of this motion, the parties shall address the following: 

1)   What is the status of Ferry’s bankruptcy petition?  Has Judgment Creditor obtained relief from stay? 

2)   What effect, if any, does Ferry’s bankruptcy petition and the stay have on the Subpoenas? 

3)   Whether the parties have met their burdens under Spectra-Physics, Inc. v. Superior Court (1988) 198 Cal.App.3d 1487.

The hearing on this motion is continued to August 25, 2022 at 2:00 p.m. in Department C21.  The parties may submit a supplemental brief limited to 6 pages in length and a supplemental declaration no later than August 12, 2022. 

The Court strongly encourages the parties to meet and confer before the continued hearing. 

Moving party shall give notice.