Asked in Business Law, Civil Litigation and Family Law for California

Q: In family law, what do I file to compel a production of business records when the consumer has objected?

I subpoenaed business records from LegalZoom for my mother-in-law's account containing LLC documents showing my wife was a member (secretly) of several LLCs with her parents incorporated during our marriage (and into which my wife put some of my money). My mother-in-law lawyered up and objected. Her objections were privilege (which LegalZoom states on their website does not exist), and business confidentiality (the companies are all closed, and the information is material to my case). My wife claimed no such documents exist related to her being an owner, her dad says he threw out all of the records - I have some of the records so they do exist...

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California family law, if you face objections to a subpoena for the production of business records, such as the situation you're describing, the appropriate action is to file a motion to compel production of documents with the court. This motion asks the court to order the party or entity holding the records to produce them, despite the objections they've raised. The motion must clearly outline why the records are crucial for your case and address any objections raised by the opposing party.

The process involves serving the motion to compel on all parties involved, including the entity or person from whom the documents are sought. In your motion, you'll need to argue against the objections presented, such as the claim of privilege and business confidentiality. Since the companies are closed and the information is material to your case, these arguments can be compelling. It's also important to demonstrate that the requested documents are relevant and necessary for the resolution of the dispute at hand.

After filing the motion, a hearing will be scheduled where both sides can present their arguments. The court will then decide whether to grant the motion and order the production of the documents. It's crucial to provide sufficient evidence and legal reasoning to support your position and counter the objections raised by your mother-in-law and her legal representation. If successful, the court's order will compel LegalZoom or any other custodian of the records to comply and produce the documents, helping to ensure transparency and fairness in the proceedings.

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