Shrewsbury Mgmt., Inc. v. Superior Court of Santa Clara Cnty.

*1217 I. INTRODUCTION

Petitioner Shrewsbury Management, Inc. (Shrewsbury), is the judgment creditor of a $ 1,385,601.27 judgment entered against real party in interest Mark Boucher. In connection with a judgment debtor examination of Boucher under Code of Civil Procedure section 708.110, 1 and seeking information about his finances, Shrewsbury moved for an order directing Wells Fargo Bank (Wells Fargo) to comply with a subpoena duces tecum requesting it to produce bank records for two entities over which Boucher allegedly had signatory authority, real parties in interest Nicholas Aegis, LLC (Nicholas Aegis) and Zenophon Trading, LLC (Zenophon). Shrewsbury believed that Boucher was using Nicholas Aegis and Zenophon to conceal his assets. The *1218 trial court denied Shrewsbury's motion after determining that a subpoena duces tecum may be issued to a third party but must be tethered to an examination of that third party as set forth under section 708.120.

On appeal, Shrewsbury argues that the scope of testimony and documents sought from a third party witness is not limited by section 708.120 when the subpoena is issued under section 708.130 and is tethered to a judgment debtor…