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California Civil Procedure, Keyed to Levine, 6th Ed.
Macaluso v. Superior Court
Citation:
219 Cal. App. 4th, 1042, 162 Cal. Rptr. 3d 318 (2013)Facts
Lennar obtained a judgment exceeding $50 million against Marsch individually following the Briarwood litigation. Believing Marsch was hiding assets, Lennar pursued collection proceedings and issued subpoenas duces tecum to Macaluso, who had extensive financial relationships with Marsch through loans, legal representation, and business dealings via American Lawyers Funding. Macaluso appeared at the July 2012 deposition but produced no documents, asserting objections based on privacy rights, attorney-client privilege, and work product protection. After further proceedings, the trial court overruled all objections and ordered Macaluso to produce responsive documents by January 4, 2013. Macaluso timely filed a notice of appeal but did not comply with the production deadline. Lennar, contending the order was not appealable, moved to enforce the order, and the trial court scheduled a contempt hearing.
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