Legal Question in Real Estate Law in California
Subpoena: When summoning adversarial Home Owner Association Directors & Committee Officers & the Assoc. Manager to jury trial to testify is it proper to serve subpoenas to them directly or to their HOA attorney? I also want to subpoena HOA resident members & a few others. We are 14 days before 1st trial date.Thank you.
Asked on 7/28/14, 1:00 pm
1 Answer from Attorneys
The proper procedure for current officers and employees is to issue a Notice to Appear on the association's attorney. If you elect to subpoena them, which is also an option, you serve them directly through a licensed process server, or other person who is not a party to the litigation and is not paid to do it. Non-parties, such as resident members, you must subpoena by personal service on them.
Answered on 7/28/14, 1:10 pm