Park v. Law Offices of Tracey Buck-Walsh
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Park sued his former attorneys for breach of fiduciary duty and intentional interference with Park’s plan to purchase cardroom casinos. Park alleged that in 2003-2012, the defendants represented Park’s gaming businesses before the California Gambling Control Commission and the Bureau of Gambling Control. The attorney-client relationship ended with a dispute about monthly billing rates. Thereafter, the defendants allegedly thwarted Park’s efforts to secure ownership interests in the two cardroom casinos by using Park’s confidential information, assisting his competitors, and making disparaging remarks about Park to regulators and others.
Park issued third-party subpoenas duces tecum to the Department of Justice (DOJ) and to Deputy Attorney General Torngren, who represents the Bureau of Gambling Control, requesting communications and documents pertaining to Park and the casinos. The DOJ reportedly reviewed several hundred thousand electronic documents but produced fewer than a hundred. During the production, the trial court ordered Park to pay $32,836.25 to defray the “undue burden or expense” of the DOJ’s compliance with Park’s subpoena. When the production was complete, the court ordered Park to pay the DOJ an additional $111,618.75. The court of appeal affirmed. The court properly exercised its discretion under the Electronic Discovery Act in the Code of Civil Procedure, section 1985.8(l).
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