MOTION TO QUASH DISCOVERY SUBPOENA
This case involves failure to repay a $600,000 loan.? The borrower? 7 West LLC ?was liquidated through a bankruptcy proceeding, leaving plaintiff significantly under-reimbursed.? Plaintiff is now proceeding against Bret Mosher who is ?one of the members of 7 West LLC and a signatory on a personal guarantee for the loan.
This is defendant?s motion to quash two business record subpoenas: the first to 7 West; the second to the company accountants (Nicole Valencia and Janice Harvey).? Each subpoena seeks the exact same 12 categories of documents.? Defendant objects to any production, claiming the documents sought are irrelevant or invasive of third-party rights to privacy.
When this motion first came on for hearing back in April, this Court observed two issues: no separate statement per CRC 3.1345(a)(5); and no adequate meet and confer.? This Court ordered the parties the make further efforts and report back by?05/19/16 in a joint statement.? Nothing was ever filed except a request to continue the hearing once.
Given the silence, this Court deems the motion off-calendar.