Evilsizor v. Sweeney
Annotate this CaseSweeney issued a subpoena for bank records in the course of divorce proceedings with his wife, Evilsizor. The subpoena sought records from his wife’s accounts, but the records included financial information about her father. Her father, John, moved to quash the subpoena. Sweeney responded by agreeing to amend the subpoena to exclude information about John’s account activities. John then withdrew his motion to quash, but did so belatedly. The trial court sanctioned him by ordering him to pay a portion of the attorney fees Sweeney incurred in responding to the motion. The court of appeal affirmed. A trial court may impose sanctions under Code of Civil Procedure section 1987.2 against a litigant for pursuing a motion to quash that, even though legitimately filed, was rendered unnecessary by a subsequent amendment or withdrawal of the subpoena.
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