How to object a subpoena to produce documents ?

[bena]

I received a Notice in lieu of subponea to compel attendance before the court as Witness and to produce documents from plaintiff's attorney which requests I bring to trial these documents:

1-Records of Payments made to the account

2-Statements of account

3-Disclosure statement

4-Original contract

5-Account application

The funny thing is he is asking me the same documents as I have been requested in discovery for months and I have got nothing.

Should I object all of them with a general objection ?

Defendant objects as Plaintiff's request for documents 1 to 5 is unduly burdensome to the extent it seeks documents or records that are that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.Defendant has no recollection of this specific credit card or account, and has not retained any documents from her old credit card accounts. Defendant has sought documents relating to the subject account from plaintiff in discovery and no documents are forth coming.

Any input should be appreciated.

Here is the reference to the Civil Code Procedure:

http://law.onecle.com/california/civil-procedure/1987.html

{B} In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof, is served upon the attorney of that party or person. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.

{C} If the notice specified in subdivision {B} is served at least 20 days before the time required for attendance, or within any shorter period of time as the court may order, it may include a request that the party or person bring with him or her books, documents or other things. The notice shall state the exact materials or things desired and that the party or person has them in his or her possession or under his or her control. Within five days thereafter, or any other time period as the court may allow, the party or person of whom the request is made may serve written objections to the request or any part thereof, with a statement of grounds. Thereafter, upon noticed motion of the requesting party, accompanied by a showing of good cause and of materiality of the items to the issues, the court may order production of items to which objection was made, unless the objecting party or person establishes good cause for nonproduction or production under limitations or conditions. The procedure of this subdivision is alternative to the procedure provided by Sections 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall be required.

[merrybucks]

You might add that if these records exist they are in the custody of the plantiff. They are on a fishing expedition because they don't have the documents. I would file a motion to compel and a MSJ.

[montanatim]

I think your objection should do nicely. You point out that the documents are more likely in plaintiffs control.

I agree this is a fishing expedition, here give me that gun so I can shoot you.

You might consider asking for summery judgment on the pleadings alone if they have submitted nothing to hurt you yet. I wouldn't compel cause I don't want them working very hard to find the stuff. Of course mention that you have received nothing in discovery to prove the debt.

[bena]

Hello anyone ? Help me a hint .

[montanatim]

You asked for input and received it.

Many here are most happy to help if they can. If you want different answers ask different questions.

Be sure to use the search function and read the sticky's.

Your questions probably have been asked and answered multiple times. If not, fire away we're watching.