8/8/2019 dcss subpoena2 responce
1/1
12
34
5
6
7
89
10
n1 21 3
14
1 5
16
1 7
1 8
1 9
202 1
22
23
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHOR IT IE SIN SUPPORT OF MOTION TO
QUASH SUBPOENA1 . T H E S U B B O E N A S E E K S C O N F I D E N T
I A L R E C O R D S AND MUST BEQUASHED.Records of the Department of
Child Support Services ar e confidential and may generally
not be disclosed. (Fam. Code 1 7 21 2 . ) Limited disclosure of
those records and the inform ationdescribed in Section 1 7 2 1 2 ,
subsections (c)(2) through (c)(5), may be granted to
Defendant.Further, "upon noticed motion and a finding by the court,
in a case where.. .enforcement actionsare being taken, that release
or disclosure is required by due process of law," the court
mayorder those records described in Section 17212(b) be made
available to Defendant . (Fam. Code17212(c)(6) .) Here, while
Defendant is entitled to disclosure of various records, he has
notdescribed or requested any particular records such that the
Department can reasonably knowwhich records to provide. For this
reason, the Subpoena must be quash ed.
2. TH E SU B PO E N A IS V A G U E A ND MUST BE Q U A SH E D
.The Subpoena is vague in that it does not request specific
documents. The Declaration
in Support of Subpoena, at Paragraph 2, seeks "Documents" and
"Communications" withoutspecifying th e subject matter(s) about
which th e Documents an d Communicat ions ar e sought.Defendant 's
affidavit is required to set forth such things specifically, and
detailing th emateriality thereof to the issues of the case. ("A
copy of an affidavit shall be served with asubpoena duces
tecum...specifying the exact matters or things desired to be
produced, se t t ingforth in full detail the materiali ty thereof
to the issues involved in the case... " [Code Civ . Proc.I985(b)];
see, also: Flora Crane Service, Inc. v . Superior Court (San
Francisco) (1965) 45
Cal.Rptr.79 [A subpoena duces tecum to compel production of
records was fatally defective fo rfailing to allege with
specificity which books and records were material to which
issues.])Here, although Defendant may be entitled to disclosure of
various Department records, he hasnot described or requested an y
particu lar records such that th e Department ca n reasonably
knowwhich records to provide. For this reason, the Subpoena m ust
be quas hed.
2MOTION TO QUASH S UBP OE NA, ET AL.
