Legal Question in Intellectual Property in California

You would file a motion to quash the subpoena in the appropriate court.

If you just received a letter about being sued, then it sounds to me like you should be more concerned about a summons than a subpoena. There are also procedures to challenge the service of the summons.

I strongly urge you to consult with a lawyer about this situation. Litigation is rarely a do-it-yourself project. Many lawyers will help you on a limited-scope basis, where they simply provide advice or help write certain papers. I also advise you to act quickly, as your time to act may have already begun to run.

I would be happy to speak with you for a few minutes about this situation, if you desire, as well as about the possibility of limited representation.

Best of luck to you.

A motion to quash a subpoena is covered by section 1987.1 of the Code of Civil Procedure. The preceding and following sections of the CCP discuss subpoenas as well, and would need to be read and understood by anyone preparing a motion to quash.

A larger question here is whether you are truly being sued, or merely subpoenaed to produce evidence and/or to testify. You need to be really clear on what your involvement is.......when all you get is a letter, perhaps that's only a threat to sue, or to subpoena. Either a suit or a subpoena would require serving you with formal documents which would be clearly labeled as "Summons" "Complaint" "Subpoena" "Subpoena Duces Tecum" or the like.

I would advise not ignoring any letter or service of process with apparent legal effect or possible legal consequences.......but the proper response depends upon knowing exactly what the document you've received amounts to, its legal effect, and the time within which action on your part is required (if at all).