3. THE SUBPOENA IS OVERBROAD AND MUST BE QUASHED.

* Because the Declaration in Support of Subpoena is vague, it is necessarily overbroad. If

3 it cannot be discerned which particular subject matter(s) of Documents and Communications are
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sought, it must be presumed that all of the Department's records pertaining to the subject case
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are sought. To the extent that all such records are sought, the Subpoena is overbroad. (See:
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Calcor Space Facility, Inc., v. Superior Court (Orange County) (1997) 53 Cal.App.4n 216, 222-
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223. [Where categories of records sought were so broad that they in effect sought everything in

the custodian's possession relating to the litigation, the request was unduly burdensome and

unenforceable.]) While Defendant may be entitled to disclosure of various records, he has not
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11 described or requested any particular records and the Department cannot reasonably be expected

12 to produce every record in its possession. For this reason, the Subpoena must be quashed.

13 DATED : ,2010 Respectfully submitted,

14 DAVID A. PRENTICE
County Counsel
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MES M. GERECKE,
18 )eputy County Counsel

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25 S:\County Counsel\Cliild Support Services\Pleadings\Rivera, Jesus - Motion to Quash Oct.2010 FINAL.doc

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MOTION TO QUASH SUBPOENA, ET AL.