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Doe 6, the California Court of Appeals applied the prima facie showing test in the libel context, holding that "[w]here it is clear to the court that discovery of the defendant's identity is necessary to pursue the plaintiff's claim, the court may refuse to quash a third-party subpoena if the plaintiff succeeds in setting forth evidence that a ...
The California Court of Appeal reversed the trial court's order denying Doe 6's motion to quash the subpoena and upheld Doe 6's right to remain anonymous. The Court recognized that while the First Amendment right applied to Internet speakers, this right must be weighed against plaintiffs' interest in identifying the speakers in order to pursue ...
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.
California Superior Court Judge Michael P. Kenny sustained, without leave to amend, Secretary Bowen's and Obama's demurrers on Keyes' petition for writ of mandate and granted Obama's motion to quash the subpoena. Keyes was found not to be entitled to the records he sought, thereby declaring the case moot.
Graham's subpoena calls for him to be available to appear before the special grand jury in less than three weeks, on Aug. 2. In issuing a stay of the subpoena Wednesday, Judge Henry Herlong Jr ...
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