PETITION TO QUASH SUBPOENA & ORDER SHORTENING TIME FOR HEARING ON PETITION TO QUASH SUBPOENA DUCES TECUM: CITY OF CARMEL-BY-THE-SEA, Moving Party, v. MONTEREY COUNTY CIVIL GRAND JURY, Respondent. Case No. M131242, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY

NEW PETITION TO QUASH SUBPOENA DUCES TECUM HEARING DATE, TIME & LOCATION:
Petition Hearing, Wednesday, March 18, 2015 @ 11:00 A.M., Courtroom 1, 3rd Floor, 240 Church St., Salinas, CA.

Hon. Lydia M. Villarreal, Assistant Supervising Judge, Civil Division

ABSTRACT: On Thursday, March 19, 2015, Hon. Lydia M. Villarreal, Assistant Supervising Judge, Civil Division, will preside over a hearing on the City of Carmel-by-the-Sea’s PETITION TO QUASH SUBPOENA at 8:30 A.M., Department 14, Monterey Courthouse, 1200 Aguajito Road, Monterey, CA. Donald G. Freeman. City Attorney, City of Carmel-by-the-Sea, submitted a PETITION TO QUASH SUBPOENA to SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY, dated March 9, 2015. “The County of Monterey Superior Court, acting on behalf of the civil Grand Jury, has served a subpoena duces tecum  on the City. The subpoena seeks production of personnel records for ten current and former City employees.” ARGUMENTS include THE GRAND JURY'S SUBPOENA POWER IS LIMITED TO "OFFICERS," THE PUBLIC RECORDS ACT PROTECTS PERSONNEL RECORDS, PERSONNEL RECORDS ARE CONSTITUTIONALLY PROTECTED, GRAND JURY RECORDS ARE NOT ALWAYS CONFIDENTIAL, PERSONNEL RECORDS MAY NOT BE SELECTIVELY DISCLOSED, CASE LAW PROTECTS PERSONNEL RECORDS, THE COUNTY'S PROPOSED PROTECTIVE ORDER IS INADEQUATE. CONCLUSION Numerous courts have held that personnel files must be protected in the absence of a focused need to obtain specific information. See, e.g. Harding Lawson Assoc. v. Superior Court (1992) (10 Cal. App.4th 7, at 10,11 ). In Harding Trial Court had ordered production 56 categories of information in personnel records. On appeal a peremptory writ was issued "to vacate its order insofar as it required disclosure of confidential material in the personnel files of employees other than [plaintiff]."  Id. The court explained that personnel files are protected unless the party seeking discovery "can show a compelling need for the particular documents and that the information cannot reasonably be obtained through depositions or from nonconfidential sources." Hardin Lawson Assoc. v. Superior Court (1992) (10 Cal. App.4th 7, at 10) See also Alch v. Superior Court (2008) (165 Cai.App.4th 1412, 1432) re: "confidential" nature of the particular documents in the personnel file.

In the instant case it appears the Grand Jury did not ask the employees whose personnel documents are being subpoenaed if they would waive their right of confidentiality and allow the City to produce the documents, or alternatively, subpoena the employees and their personnel records directly.

Therefore, the Court is obligated to quash the Grand Jury's subpoena.

The PETITION TO QUASH SUBPOENA document, Exhibit "B" - City's letter to former and current employees re waiver of confidentiality rights and ORDER SHORTENING TIME FOR HEARING ON PETITION TO QUASH SUBPOENA DUCES TECUM document are embedded. 

NOTE: Exhibit "A" -the Civil Grand Jury Subpoena (Under Seal) - not attached to the Petition served on the Respondent Employees/Real Parties in Interest

Exhibit "C" - Declaration of City of Carmel-by-the-Sea City Administrator Regarding Employee Employment Status (Under Seal) - not attached to the Petition served on the Respondent Employees/Real Parties in Interest

On March 6, 2015, Marla O. Anderson, Judge of the Superior Court, ordered “that the petition and supporting papers be filed and served on counsel for the Grand Jury no later than March 10, 2015; that responsive pleadings be filed and served no later than March 13, 2015; any reply filed and served no later than March 17, 2015; and that a hearing on the petition be held in a Department to be determined on March 19, 2015, at 8:30 am."

NOTE: Judge: Hon. Lydia M. Villarreal, Assistant Supervising Judge, Civil Division

City of Carmel-By-The-sea v. Monterey County Civil Grand Jury (m131242)

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
CITY OF CARMEL-BY-THE-SEA, Moving Party, v. MONTEREY COUNTY CIVIL GRAND JURY, Respondent.
Case NoM131242
PETITION TO QUASH SUBPOENA
ORDER SHORTENING TIME FOR HEARING ON PETITION TO QUASH SUBPOENA DUCES TECUM