Bishop

OPINION Appellant Merging Capital, Inc. (MCI) is a California corporation whose sole shareholder, officer, and director is Timothy Traub. *Page 1805 Appellant Link 900 Partners (Link) is a general partnership in the formation stage. Traub is the custodian of records for both entities. On or about November 6, 1995, the California Department of Corporations (DOC) issued a subpoena duces tecum to the custodian of records for MCI and Link. Before producing the documents, Traub requested assurances from the DOC that his testimonial act of producing the documents would not be used against him in any subsequent criminal prosecution. The DOC refused to provide such assurances. Consequently, appellants refused to produce the subpoenaed documents "because, to do so, may violate the custodian's Fifth Amendment right against self-incrimination." On January 23 and 24, 1996, pursuant to Government Code section 11187 , 1 the DOC filed a petition for an order compelling compliance with the subpoena duces tecum, and on January 24, 1996, filed an ex parte application requesting the same relief. The trial court issued an order to show cause and, after the parties filed an opposition and a reply, the…