How do I subpoena payroll info. from plaintiff & State of Calif.

[mbkelly]

California
I am appealing a small claim judgment in Palmdale, Calif. I would like to subpoena plaintiff's payroll records, and the same from the State's Employment Development Dept (EDD). How would I go about doing this, and what kind of affidavit do I need to accompany the suboena?

 

[I AM ALWAYS LIABLE]

California
I am appealing a small claim judgment in Palmdale, Calif. I would like to subpoena plaintiff's payroll records, and the same from the State's Employment Development Dept (EDD). How would I go about doing this, and what kind of affidavit do I need to accompany the suboena?

My response:

Special notice must be given where "personal records" of a "consumer" or "employment records" are sought by subpoena duces tecum served on the custodian of such records; and the person whose records are being subpoenaed is entitled to a hearing before delivery of such records. [See Ca Civ Pro §§ 1985.3, 1985.6, 1985.7

Special notice and procedures are required for production of the "personal records" of a "consumer," to protect that person's right of privacy. The purpose is to give that person the opportunity to seek a court order to quash or limit the subpoena before the records are disclosed. [See Ca Civ Pro § 1985.3(e), next to last sentence]

IAAL

 

[mbkelly]

Thank you IAAL! It sound like this procedure would be a little too much for a small claims actions. Is it possible to subpoena his personal records, and/or require him to bring them to court; or is this too covered by the same civil procedures?
After all he is suing me and since he has not offered to produce such records, it would seem like a simple thing to request that he bring proof of the # of employees and hours he expended on my job. I believe he will not volunteer this info because I believe he is lying.
Kelly