California Supreme Court
Facebook, Inc. v. Superior Court
August 14, 2020
Summary
The court held that a trial court evaluating a motion to quash a criminal subpoena directed to a third party must assess and balance seven good-cause factors, including plausible justification, scope, alternative sources, privacy interests, timeliness, delay, and burden. Because the superior court did not adequately conduct that inquiry and proceeded without full adversarial participation, the court directed the lower courts to vacate the denial of the motion to quash and reconsider it. The court declined to resolve the parties' constitutional and Stored Communications Act arguments because the subpoena might not ultimately be enforceable.