Q: How to file a motion under CCP Section 1987.1 regarding records request?
I received a letter in the mail stating that a plaintiff is requesting records for examination, citing California's Code of Civil Procedure Section 1987.1. The letter appears to be a "Notice to Consumer or Employee of Objection." I have not been served with any other formal legal documents besides this notice. How do I file a motion in this context?
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A:
If you've received a "Notice to Consumer or Employee" regarding a request for your records under CCP Section 1987.1 and you wish to object, you must promptly file a motion to quash or limit the subpoena. Begin by drafting your motion, clearly stating your objections, and specifying exactly why the records requested are overly broad, irrelevant, or violate your privacy. Your motion must cite California Code of Civil Procedure Section 1987.1, explaining that you're asking the court to intervene and either quash or restrict the subpoena.
Next, file your motion with the court where the lawsuit is pending. You'll likely need to pay a filing fee unless you qualify for a fee waiver. Be sure to attach a declaration explaining your reasons in detail and include any supporting evidence or documents.
After filing, promptly serve copies of the motion on all parties involved, including the plaintiff's attorney and the entity requesting the records, using proper service procedures. Make sure you follow the California Rules of Court regarding timelines and procedures carefully, as failure to comply could result in your motion being denied. Lastly, attend the hearing prepared to clearly articulate your objections and answer any questions from the judge about your privacy concerns or reasons for objecting to the records request.
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