Can I subpoena potentially relevant banking records from a non-party bank of a non-party small corp in a civil action. Is the non-party corp considered a "consumer" under CCP 1985.3?
Answer
If they are relevant or reasonably calculated to lead to the discovery of admissible evidence, and are not subject to some privilege, then yes you can obtain them by subpoena. The answer to your second question is right in the code section you mention. Code of Civil Procedure section 1985.3(a)(2) states, "'Consumer' means any individual, partnership of five or fewer persons, association, or trust. . . ." It does not include corporations and LLC's.
Answer
Corporations do not have privacy rights. But to be on the safe side and waste a hassle over a motion to quash, you may want to do a consumer notice and follow the timelines of the Code of Civil Procedure.
Answer
You can try, and they can oppose the subpeona. A judge will ultimately decide.
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