California Court of Appeal

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Evilsizor v. Sweeney, A140059

Following defendant's subpoena for bank records in the course of divorce proceedings with plaintiff-wife, the wife's father, appellant John, moved to quash the subpoena. After defendant agreed to amend the subpoena to exclude John's account activities, John withdrew his motion to quash belatedly, resulting in a court sanction ordering him to pay a portion of the attorney fees that defendant incurred in responding to the motion. The award is affirmed, where a trial court may impose sanctions under Code of Civil Procedure section 1987.2 against a litigant for pursuing a motion to quash that was rendered unnecessary by a subsequent amendment or withdrawal of the subpoena.

Appellate Information

  • Decided 10/28/2014
  • Published 10/28/2014

Judges

  • Humes

Court

  • California Court of Appeal

Counsel