CASE PROCESSING PROCEDURES; DISCOVERY – Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt
Single Topic for Decision A448E
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1106.02000 – Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt
PERB Regulation 32150, subdivision (d), governing motions to quash a subpoena state that the Board “shall revoke the subpoena if the evidence requested to be produced is not relevant to any matter under consideration in the proceeding or the subpoena is otherwise invalid.” The Board affirmed the ALJ’s partial denial of a motion to quash a subpoena duces tecum seeking, among other items, advice, counsel and opinion documents provided by, sought from, or received by the respondent’s attorneys regarding conflict of interest issues, teachers serving on charter school boards, and union avoidance strategies. The Board found the requested documents relevant because the respondent had asserted its reliance on advice of counsel as a defense.