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Patrick, Esq.
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Category: California Employment Law
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I filed a wage labor claim with the labor board and had a conference

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I filed a wage labor claim with the labor board and had a conference with out any conclusion. The labor board stated we would have a hearing within 3 months and would be notified by mail.The defendant has retained an attorney and I was served with a civil subpoena from their attorney stating I am to supply him with all of my evidence prior to our hearing date,under code of civil procedure section 1985.6. Spoke with the labor commissioner and they stated that's not their procedure, unable to give legal advise. do I have to comply to the subpoena?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

A person in this circumstance can bring a motion to "quash," or reject, the subpoena pursuant to 1985.6(f). That section states:

(f)(1)Any employee whose employment records are sought by a subpoena duces tecum may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and the deposition officer at least five days prior to production. The failure to provide notice to the deposition officer does not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records.

The better question is why you would not want to provide evidence supporting your case at this hearing. No defendant will be willing to settle a case if they have no been presented with legitimate evidence supporting the plaintiff's demand. Accordigly, it would seem wise to produce those documents which tend to support your claim.

Please bear in mind that the above does not constitute legal advice and no attorney client relationship is formed between us. If my answer has been helpful, please be kind enough to click "accept" so that I get paid for my time. Thanks so much and good luck. 
Customer: replied 5 years ago.
Relist: Answer quality.
I fully intend to take all my evidence to the hearing which is overwhelming in my favor however I do not want to suppy any information to their attorney prior to the hearing. Obviously I don't want to suppy them any information to help their case
Expert:  Patrick, Esq. replied 5 years ago.
I sincerely XXXXX XXXXX I did not clearly answer your question. The DLSE states that each party at a hearing has the right to explain evidence offered in support of his or her position and to rebut evidence in opposition. You are required by law to respond to the subpoena because the other side is entitled to know what evidence you have against them, but you can object to the subpoena on the ground that it is not requesting relevant evidence pursuant to the Code section that I cited above. Otherwise you must produce the evidence. I hope that this answers your question and makes my response worthy of your "accept." Very best wishes and warmest regards.
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