Opinion
S245203
07-10-2019
FACEBOOK, INC. v. S.C. (TOUCHSTONE)
D072171 Fourth Appellate District, Div. 1
Supplemental briefing ordered
Pursuant to Evidence Code sections 459, subdivision (c), and 455, subdivision (a), this court contemplates taking judicial notice of the underlying preliminary hearing transcript of September 29, 2016, and related exhibits. Pursuant to California Rules of Court, rule 8.46(f)(3), this court contemplates unsealing the April 21, 2017, declaration and related exhibits (quoting from and presenting copies of public social media posts and conditionally confidential probation reports) on the ground that access by petitioner Facebook, Inc., and intervenor San Diego County District Attorney is necessary to fairly address and resolve whether the underlying subpoena's request for private and restricted social media communications is supported by good cause.
With regard to both items described above, each party shall serve and file a brief by July 24, 2019, addressing the prospect of this court taking such judicial notice, the prospect of such unsealing, and the scope of any such unsealing. Any party may serve and file a response brief within 14 days of the timely filing of the above-described briefs.
After this court receives and considers the briefing contemplated above, it may direct the parties to brief whether the underlying subpoena is supported by good cause, and if not, what if any further proceedings concerning the adequacy of the subpoena should occur before the trial court.
Kruger, J., was absent and did not participate.