Faster horses
Well-known member
deleted because it was not true.
(too bad it wasn't true)
(too bad it wasn't true)
Respondents President Barack Obama, Vice President Joe Biden, and the 55 California Electors named as respondents move for an order quashing the subpoena by petitioners directed to third party Occidental College demanding access to President Barack Obama’s “academic and housing records.” In the alternative, they seek an order that the deposition of the custodian of records of Occidental College not be taken.
The moving parties seek relief pursuant to Code of Civil Procedure sections 1987.1, 2025.410, and 2025.420. They contend that the subpoena and the associated notice to the consumer were improperly served. They contend that the subpoena is vague and overbroad and seeks information that is neither relevant to this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence.
The motion is granted on all grounds stated. Code of Civil Procedure section 1985.3 requires that a copy of subpoena seeking access to confidential consumer records be served on the consumer whose records are sought at least five days before service on the custodian of records. (Code Civ. Proc. § 1985.3(b)(3).) If served by mail within this State, this time limit is extended to ten days pursuant to Code of Civil Procedure section 1013(a). In this case, the notice and subpoena to Occidental College were mailed either the day before or the very same day Occidental College was served. (Woocher Decl., pars. 2-3 and Exs. 1-2.) This is insufficient.
Petitioners contend that respondents waived any objection by failing to object for twenty-seven days. The Court finds this argument without merit. The motion to quash was filed within the period provided for by Code of Civil Procedure section 2025.410(b).
The Court further finds that the two categories of documents petitioners seek are vague, overbroad, and are of no relevance to this litigation. Petitioners demand access to all of President Obama’s “academic and housing records.” However, the relevance of such records is not established. The issues raised in the First Amended Petition concern the duties, if any, of the respondents to demand proof of natural born citizenship of a candidate for President. Petitioners have not shown that any of the documents sought could assist in answering this question. Petitioners’ argument that they could have sought even more documents is not persuasive, nor is their argument that more specific objection was needed pursuant to Code of Civil Procedure section 2031.240(b).
Moreover, this lawsuit is moot as to issues concerning President Obama. The Court on this date is prepared to sustain demurrers to the petition without leave to amend. But even if the court were to overrule the demurrers, the First Amended Petition contains no claims as to which the records sought are relevant.
The motion to quash the subpoena is GRANTED.