Subpoena Facebook & 7-Factor Alhambra v. Superior Court Test

In deciding whether good cause exists to enforce a criminal subpoena duces tecum (SDT) issued to a third party, the trial court must consider and balance the Alhambra v. Superior Court seven factors. Alhambra v. Superior Court (1998) 205 Cal.App.3d 1118, starting at p. 1134.

They are:

(1) whether the material requested is adequately described.  For example, information characterized by such broad descriptions as "all other similar crimes" or "all crimes [e.g., murders] committed during [a certain time frame] with a similar modus operandi," may be so inadequate as to make the discovery and location of such information an unreasonable burden on the governmental entity. The only practical effect of such an order may be simply to postpone the defendant's trial indefinitely. Such broad requests must be scrutinized carefully by the trial judge as part of the balancing process in which he must engage.

(2) whether the requested material is reasonably available to the governmental entity from which it is sought (and not readily available to the defendant from other sources),

(3) whether production of the records containing the requested information would violate (i) third party confidentiality or privacy rights or (ii) any protected governmental interest,

(4) whether the defendant has acted in a timely manner,

(5) whether the time required to produce the requested information will necessitate an unreasonable delay of defendant's trial.  This issue is necessarily related to the timeliness of defendant's request and must be evaluated in light of all of the facts.  However, we note that the Legislature has expressed itself on the importance of the earliest possible resolution of criminal trials, including an express condemnation of excessive continuances which was added in 1985. Penal Code § 1050, subdivision (a), provides, in pertinent part: "The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses.  Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails.  It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice...."

(6) whether the production of the records containing the requested information would place an unreasonable burden on the governmental entity involved; and

(7) whether the defendant has shown a sufficient plausible justification for the information sought.

The California Supreme Court, while not affirming the Fourth Appellate District, did not reverse it either.  Instead, it remanded the case back to the trial court level with instructions that it apply the seven-part Alhambra v. Superior Court test above.

We think this is good ruling insofar as the court did not agree with Facebook that the SCA barred production of the documents, which has been Facebook’s opposition to subpoenas in criminal cases for years.

The citation for the California Supreme Court ruling discussed above is Facebook, Inc. v. Superior Court of San Diego County (2020) 10 Cal. 5th 329.

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