Does a company have to comply with a subpoena if corporate headquarters is out of state? Some kind of Diplomatic immunity?

[J.D. Dude]

There is a lot that is bothering me about what has been described.

It sounds to me like the subpoena on the third party for information on the Utah party is a fishing expedition, trying to find out information on the defendant that falls outside the underlying breach of contract suit.

At any rate, a forum is unlikely to be able to solve the problem of service of the subpoena.

Negative.

The subpoena is information we are directly allowed under the law but defendant refuses to provide.

Why would you say its a fishing expedition ?

The California company is not google if that what you are thinking but they do have a monopoly over their industry which is why they have a lot of business in every state including Utah.

 

[quincy]

Utah does not appear to have jurisdiction over the California-based company. You can argue this in court (which increases the cost to you) or you can serve the subpoena in California as advised by the California-based company.

I hope you have good reason to support the subpoena of information.

 

[J.D. Dude]

The cheapest option may be to do as they suggest.

Who is they?

 

[J.D. Dude]

Utah does not appear to have jurisdiction over the California-based company. You can argue this in court (which increases the cost to you) or you can serve the subpoena in California as advised by the California-based company.

I hope you have good reason to support the subpoena of information.

So why does the company have a registered agent in Utah if they refuse to accept any legal papers in Utah or believe Utah courts have no authority over them?

The Utah law has it in writing that I am owed the information I am asking for. In fact, the law mentions the exact information by name as something they are suppose to provide me however this person refuses to do so. Why would you think otherwise? May I ask what company or information you think I am requesting?

 

[quincy]

Who is they?

“They” is the company you want to serve with the subpoena.

If you are serving a California-based company, you probably will need to serve that company in California even if the California company operates around the world. There are several factors that are considered by a court when determining jurisdiction but, if you are trying to fight against a multi-billion dollar company, you should be prepared to either have multi-thousands of dollars to do it or accept you will lose.

I suggest you look at the company’s “legal” information on their web page for more information.

I have no idea what sort of information you are seeking. Care to disclose it?

Here is an additional link, this to the “long-arm” statute that can apply to out-of-state residents/parties to a case:

https://www.law.cornell.edu/wex/long-arm_statute

The California company is not a party to the case.

 

[zddoodah]

I'm wondering why OP's attorney doesn't just hire a process server in CA to serve the subpoena there.

Because a Utah attorney cannot issue a subpoena in connection with litigation in Utah that can be enforced in California. That's why it's very important that this California corporation is qualified to do business and has a resident agent in Utah.

Let me see if I can help answer some of your questions.

Here's another question that's rather important:

Have you (through your attorney) served a subpoena on the non-party deponent? If so, was the subpoena served on the resident agent in Utah?

In my case, the 3rd party company is claiming that the Utah resident(subject of the subpoena) is being protected by privacy or disclosure laws in California that do not exist in Utah.

Ok...how did it voice this claim? If it was served with a subpoena, did it serve on your attorney written objections to the subpoena or file a motion to quash or modify the subpoena?

They are also claiming that they can't accept a subpoena via their Utah registered agent and it must first be domesticated in California and served in California to be accepted. This part my lawyer said is 100% wrong.

I agree with your lawyer.

Lawyers are only responsible for laws in their own state not the laws in foreign states or countries.

As phrased, that's not true, but I'm not sure what that has to do with anything being discussed.

It feels like it may be a bit of a unknown area of law?

Civil procedure is hardly an unknown area of law. The situation you are dealing with is relatively simple, and there are well-established laws for how to deal with it. As I mentioned previously, if your lawyer doesn't know how to deal with it, you might want to seek out one who does.

Perhaps depends on how the judge feels that day?

No.

If Marijuana is legal in California but illegal in Kentucky. Could a California company do business selling Marijuana in Kentucky and claim they are govern by California (not Kentucky) law? I am thinking probably not?

Who cares? This has nothing to do with your case.

Are you saying that a registered agent gives the company the ability to be sued in that state( not just documents served)?

I didn't say that, and it's not quite true. If a corporation is incorporated in State X and is also qualified to do business in State Y, it must appoint a resident agent in State Y. Becoming qualified to do business in State Y, not the appointment of the agent, is what makes the corporation subject to suit in State Y.

P.S. I assume I know the company with whom you're dealing and, if I'm right, that company will go to significant lengths in the name of privacy protection, so your lawyer is going to need to be aggressive and seek an appropriate court order.

 

[quincy]

J.D. Dude, is the plaintiff in your case one that has been difficult to locate?

Are you seeking answers to post-judgment questions?

I have a sneaking suspicion that we’ve been down this same road before.

 

[Just Blue]

Is this you, @J.D. Dude ?

https://forum.freeadvice.com/threads/serve-supplemental-proceedings-subpoena-out-of-state-uniform-interstate-depositions-and-discovery-act-uidda.661230/

 

[quincy]

Is this you, @J.D. Dude ?

https://forum.freeadvice.com/threads/serve-supplemental-proceedings-subpoena-out-of-state-uniform-interstate-depositions-and-discovery-act-uidda.661230/

TheQuestion is the poster I was thinking of.

 

[adjusterjack]

The 3rd party company is not involved in the lawsuit but has valuable information needed for the lawsuit.

What kind of information would that be?

They are also claiming that they can't accept a subpoena via their Utah registered agent and it must first be domesticated in California and served in California to be accepted.

Then do it. Or spend the rest of your life arguing about it.

This part my lawyer said is 100% wrong.

So, one person is claiming one thing, another party is saying they are wrong. That's what judges are for.

Lawyers are only responsible for laws in their own state not the laws in foreign states or countries.

Not always. Google "pro hac vice."

Are you saying that a registered agent gives the company the ability to be sued in that state( not just documents served)?

Nobody is saying anything like that. A registered agent exists to receive and relay documents. It doesn't give anybody any ability to do anything.

So why does the company have a registered agent in Utah if they refuse to accept any legal papers in Utah or believe Utah courts have no authority over them?

Ask that company's lawyer. I don't know of anybody on this site that's telepathic.

The Utah law has it in writing that I am owed the information I am asking for. In fact, the law mentions the exact information by name as something they are suppose to provide me however this person refuses to do so.

People break the law all the time. Get it before a judge or do it the way that person says to do it.

Dude, you keep harping on the same points. You're getting close to troll territory. Nobody here is going to pat you on the head, wave a magic wand and get you what you want.

Go back to your lawyer and tell him to figure this out or get another lawyer who can figure it out, preferably one in California.

 

[quincy]

If you are seeking texts, emails, social media account information, financial (including credit) information, or something of that nature from an entity based in California, you should be aware that California’s privacy laws are broad and tend to favor the ones whose private information is being sought.

 

[PayrollHRGuy]

Look @J.D. Dude , since you used the term "Diplomatic immunity" in the subject line I have to question your position that...

The Utah law has it in writing that I am owed the information I am asking for.

So how about you tell us what law your think says that.

 

[quincy]

I believe J.D.Dude is trying to subpoena the account information of his judgment-debtor from one of the credit reporting agencies, so he can locate not only the judgment debtor (who appears to have left Utah) but also so he can perhaps locate the judgment debtor’s assets.

Maybe J.D. Dude will return to correct this if I am mistaken.