Notice of Motion To Quash Third Party Deposition Subpoena For Production of Business Records

Motion

Cal. Super. - 6th Dist.October 22, 2013

A N n n W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES McMANIS (40958) BRANDON ROSE (269196) McMANIS FAULKNER 50 W. San Fernando Street, 10™ Floor San Jose, CA 95113 Telephone: (408) 279-8700 Facsimile: (408) 279-3244 Email: brose@mcmanislaw.com Attorneys for Defendants, JODIE NGUYEN, DIANA TRAN and JEANNIE VUONG SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA MERIDIAN FINANCIAL SERVICES, INC, No. 1-13-CV-254980 and MARK YAZDANI Plaintiff NOTICE OF DIANA TRAN’S MOTION ’ TO QUASH THIRD PARTY v DEPOSITION SUBPOENA FOR : PRODUCTION OF BUSINESS RECORDS LANANH PHAN aka LAN ANH PHAN, DIANE DO, CHICAGO TITLE COMPANY et al. Date: [To be set with JAMS] Defendants. Time: [To be set with JAMS] Dept.: JAMS Judge: The Hon. Jacobs-May TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICEthat on a date and time to be set with the discovery referee, or as soon thereafter as the matter may be heard, at JAMS, located at 160 West Santa Clara Street, Suite 1600, San Jose, CA, 95113, Defendant Diana Tran (“Defendant”) will move under to Code of Civil Procedure sections 1985.3 and 1987.1, for an order quashing the deposition subpoena for production of business records issued by Plaintiffs Meridian Financial Services, Inc. and Mark Yazdani, to Wells Fargo Bank, National Association. This motion is brought on the grounds that the records sought are protected from disclosure under the right to privacy under article I, section 1 of the California Constitution; the subpoena is overbroad and seeks records that are not 1 NOTICE OF MOTION TO QUASH DIANA TRAN’S THIRD PARTY DEPOSITION SUBPOENAFOR PRODUCTION OF BUSINESS RECORDS; CASE NO. 1-13-CV-254980 A N n n W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 relevant to the issues in this matter; the relevant responsive documents sought by the subpoena have already been produced in this action in response to other discovery methods, with the minor exception of four small payments in 2009 ($1,280; $2,500; $600; and $1,250) because those records were too old, but the consumer, Diana Tran, as already agreed that she received said payments. Ms. Tran also request an order that Plaintiffs pay the referee’s costs and pay Ms. Tran’s reasonable attorney’s fees and costs incurred in bringing this motion. (See Code Civ. Proc., § 1987.2; See also Order Appointing Honorable Jamie Jacobs-May (Ret.) as Discovery Referee,filed July 14, 2016.) This motion is based on the Memorandum of Points and Authorities, the Separate Statement, the Declarations of Brandon Rose and Diana Tran and attached exhibits, all papers filed herewith, any reply that will be filed, the documents on file with the Court, and such oral and documentary evidence as may be presented at the hearing on this motion. Dated: November 30, 2018 McMANIS FAULKNER /s/ Brandon Rose BRANDON ROSE Attorneys for Defendants, JODIE NGUYEN, DIANA TRAN and JEANNIE VUONG 2 NOTICE OF MOTION TO QUASH DIANA TRAN’S THIRD PARTY DEPOSITION SUBPOENAFOR PRODUCTION OF BUSINESS RECORDS; CASE NO. 1-13-CV-254980