Legal Question in Civil Litigation in California

civil dispute

I am one of the tenant in the mall, and there is a dispute between a third party (movie theater) and mall management, that third party is trying to supoenas us for financial records because their establishment in the mall, because we opened the store after movie theater opened in the mall, could I be excused? I appreciate their business in the mall, but there is no comparison for us since we move in after the movie theater opened. if they want to see our contract, could we say they should get that information from mall management?

thx


Asked on 3/07/09, 2:29 am

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: civil dispute

You can object to producing the records on the grounds they are a trade secret, and it would be an invasion of your privacy. If I were your attorney, I would start by writing a letter to the movie theater's attorney saying yor financial records are none of their business, and if you have to go to court to formally object to producing the records you will ask the court to pay your attorney fees and costs. Then, I would file a timely motion to quash the subpoena. Act quickly, since you only have a few days after you receive the subpoena within which to act.

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Answered on 3/07/09, 2:41 am
Adam Telanoff Telanoff & Telanoff

Re: civil dispute

If you receive a subpoena, you need to respond. Either provide the information or file a motion to quash.

If you ignore the subpoena you could be brought into court and fined for failure to comply.

You could talk to the party that did not subpoena you, and see if they will cover the cost of the motion to quash. Also, if you have liability insurance, they may cover the cost.

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Answered on 3/09/09, 12:18 pm
Mark Russakow Russakow, Ryan and Johnson

Re: civil dispute

You must obey a the summons as it is a court order and it is not important if you do not think it is relevant to any law suit. I would comply, it is easier to cooperate than spend money on a losing battle.

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Answered on 3/07/09, 11:44 am
Mark Russakow Russakow, Ryan and Johnson

Re: civil dispute

You must obey a the summons as it is a court order and it is not important if you do not think it is relevant to any law suit. I would comply, it is easier to cooperate than spend money on a losing battle.

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Answered on 3/07/09, 11:44 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: civil dispute

You would need to make a formal objection based upon privacy rights. Contact me directly.

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Answered on 3/07/09, 1:51 pm


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