California Shellfish, Inc. v. United Shellfish Co.

*19Opinion

STEIN, Acting P. J.

This appeal presents the question whether a plaintiff may serve nonparty witnesses with a deposition subpoena seeking discovery of business records before serving the summons and complaint on the only named defendant, and without notice of the deposition to any defendant. Plaintiff and appellant, California Shellfish, Inc., also challenges an award of sanctions in the amount of $764. We shall find no error in the trial court’s order quashing the deposition subpoenas, or in the award of sanctions, and affirm the judgment.

Procedural Background

In 1992, plaintiff sold…