Legal Question in Civil Litigation in California

1. No. 2. If they validly serve you, you can try to negotiate for all of that, but if that fails, then you will have to go to court to ask for a modification or cancellation of the subpoena. 3) Yes.

1. Service by email is not valid unless you consent to it. You may want to consent though, since being served personally can be awkward depending upon when it happens. You can also offer to make an appointment so you can be personally served at a convenient time and place.

2. You can make these requests, but the party who noticed the deposition does not have to agree. You are entitled to modest compensation for your time and mileage. Parties will often agree to reasonable accommodations, and you are free to ask for some. If you have a day off coming up and want to be deposed then, they might well say yes. But if you want the depo to take place at night, the answer will likely be no.

3. Maybe, but not automatically. You would have to bring a motion. That may take more time and effort than it is worth. And even if you win, the plaintiff will get another chance to subpoena you correctly. It may even do so before your motion is heard.

You have the right to contact the attorneys who noticed your deposition and try to persuade them to cancel it. If you can show them that you don't have the information they think you have, they might agree.

If you have a lot at stake personally, you may want to have a lawyer contact the plaintiff's lawyer for you. If the depo goes forward, you may want him to represent you there. Your former employer will probably send a lawyer, but her job will be to protect the company's interests and not yours.

Good luck.