Opinion
20-cv-04191-BLF (VKD)
02-23-2023
LIONEL RUBALCAVA, Plaintiff, v. CITY OF SAN JOSE, et al., Defendants.
ORDER RE FEBRUARY 21, 2023 DISCOVERY DISPUTE RE NONPARTY DEPOSITION OF DAVID ANGEL RE: DKT. NO. 162
VIRGINIA K. DEMARCHI UNITED STATES MAGISTRATE JUDGE
Defendants have subpoenaed non-party David Angel for a deposition that is noticed for March 2, 2023. Mr. Angel asks the Court to quash the subpoena on the ground that this testimony is not relevant to any claim or defense in the case, and therefore, a deposition would impose an undue burden on him under Rule 45(d) of the Federal Rules of Civil Procedure. Dkt. No. 162. The Court finds this matter suitable for resolution without oral argument. See Civil L.R. 7-1(b).
Mr. Angel is an Assistant District Attorney for the County of Santa Clara. He participated in the re-investigation of plaintiff Lionel Rubalcava's conviction as the then-head of the District Attorney's Conviction Integrity Unit and ultimately stipulated, on behalf of the District Attorney, to a request that the state court find Mr. Rubalcava innocent of the attempted murder of Mr. Rodriguez. Mr. Rubalcava identified Mr. Angel in his initial disclosures as an individual likely to have discoverable information.
Given Mr. Angel's role in the re-investigation of Mr. Rubalcava's conviction, it appears he may have information relevant to at least the question of whether any defendant fabricated evidence, coerced witness testimony, withheld exculpatory evidence, or engaged in other alleged misconduct, even if he is not the sole source of such information. This information may be relevant to Mr. Rubalcava's claims and defendants' defenses, even if Mr. Rubalcava's innocence must be presumed in this case.
The Court orders Mr. Angel to comply with defendants' deposition subpoena and denies his motion to quash or modify the subpoena.
IT IS SO ORDERED.