Shrewsbury Management, Inc. v. Superior Court
Annotate this CaseShrewsbury obtained a $1,385,601.27 judgment against Boucher. In connection with a judgment debtor examination of Boucher under Code of Civil Procedure section 708.110, and seeking information about his finances, Shrewsbury moved for an order directing Wells Fargo Bank to comply with a subpoena duces tecum requesting it to produce bank records for two entities over which Boucher allegedly had signatory authority, Nicholas Aegis, LLC and Zenophon Trading, LLC. Shrewsbury believed that Boucher was using those LLCs to conceal his assets. The trial court denied Shrewsbury’s motion after determining that a subpoena duces tecum may be issued to a third party but must be tethered to an examination of that third party under section 708.120. The court of appeal vacated; the scope of testimony and documents sought from a third party witness is not limited by section 708.120 when the subpoena is issued under section 708.130 and is tethered to a judgment debtor examination under section 708.110.
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