Motion to Quash - Fixfamilycourtnow.org

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
-ANGELA DA SILVA, CFLS SBN 204950
BALDWIN & BALDWIN
9171 Towne Centre Drive, Suite 440
San Diego, CA 92122
TELEPHONE NO.: 858.452.2898 FAX NO (Optional)
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Marilyn Weakly
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
STREET ADDRESS. 1409 Fourth Avenue
MAILING ADDRESS: Same
CITY AND ZIP CODE: San Diego, CA 921 01
BRANCH NAME: Central Division-Madge Bradley Building
PETITIONER/PLAINTIFF: Ginny L. Caldwell
RESPONDENT/DEFENDANT: Michael J. Caldwell
OTHER PARENT/PARTY:
REQUEST FOR ORDER D MODIFICATION 0 Temporary Emergency
D Child Custody Visitation Court Order
Il Child Support D Spousal Support El Other (specify):
L-I Attorney Fees and Costs
Motion to Quash and/or
ProtPr.tivP Order Sanctions
12 DI: C 1 g
FOR COURT USE ONLY
-.-
n. n 0
/ . i j
COURT
-;,i Xi`, C A
CASE NUMBER:
D 537320 - WHM
1. TO (name): GINNY EDMUNDS (FKA CALDWELL)
2. A hearing on this Request for Order will be held as follows: If child custody or visitation is an issue in this proceeding, Family
Code section 3170 requires mediation before or at the same time as the hearing (see item 7.)
a. Date:
MAR 0 8 2013 - ime: ot
D Room:
b. Address of court same as noted above D other (specify):
3. Attachments to be served with this Request for Order:
a. A blank Responsive Declaration (form FL-320) c. 0 Completed Financial Statement (Simplified) (form
b. 0 Completed Income and Expense Declaration (form FL-155) and a blank Financial Statement (Simplified)
FL-150) and a blank Income and Expense
d. D Points and authorities
Declaration
e. D Other (specify):
Date: 12/18/2012
ANGFI A DA SII VA
(TYPE OR PRINT NAME)
uj COURT ORDER
4. ✓ I YOU ARE ORDERED TO APPEAR IN COURT AT THE DATE AND TIME LISTED IN ITEM 2 TO GIVE ANY LEGAL
REASON WHY THE ORDERS REQUESTED SHOULD NOT BE GRANTED.
5. La Time for 11 service 11 hearing is shortened. Service must be on or before (date):
6. Any responsive declaration must be served on or before (date):
7. The parties are ordered to attend mandatory custody services as follows:
(SIGNATURE)
FL-300
8. D You are ordered to comply with the Temporary Emergency Court Orders (form FL-305) attached.
9. 1=:1 Other (specify):
Date:
L)EC 1 9 2012
WILLIAM H. MoADAM
JUDICIAL OFFICER
To the person who received this Request for Order: If you wish to respond to this Request for Order, you must file a
Responsive Declaration to Request for Order (form FL-320) and serve a copy on the other parties at least nine court days
before the hearing date unless the court has ordered a shorter period of time. You do not have to pay a filing fee to file the
Responsive Declaration to Request for Order (form FL-320) or any other declaration including an Income and Expense
Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155).
Page 1 of 4
Form Adopted for Mandatory Use
Judicial Council of California
FL-300 [Rev. July 1, 2012]
{i
)MainDemA rt
ESSENTIAL FORMS-
REQUEST FOR ORDER Family Code, §§ 2045, 2107, 6224,
6226, 6320-6326, 6380-6383
Government Code, § 26826
www.courts.cagov

PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
Ginny L. Caldwell
Michael J. Caldwell
CASE NUMBER:
D 537320 - WHM
FL-300
4. 0 SPOUSAL OR PARTNER SUPPORT (An earnings assignment order may be issued.)
a. QAmount requested (monthly): $ c. D Modify existing order
b. 1—.3 Terminate existing order (1) filed on (date):
(1) filed on (date): (2) ordering (specify):
(2) ordering (specify):
d. 0 The Spousal or Partner Support Declaration Attachment (form FL-157) is attached (for modification of spousal or
partner support after judgment only)
e. An Income and Expense Declaration (form FL-150) must be attached
5. QATTORNEY FEES AND COSTS are requested on Request for Attorney Fees and Costs Order Attachment (form FL-319) or a
declaration that addresses the factors covered in that form. An Income and Expense Declaration (form FL-150) must be
attached. A Supporting Declaration for Attorney Fees and Costs Order Attachment (form FL-158) or a declaration that
addresses the factors covered in that form must also be attached.
6. 0 PROPERTY RESTRAINT D To be ordered pending the hearing
a. The 0 petitioner L:1 respondent 11 claimant is restrained from transferring, encumbering, hypothecating,
concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or
separate, except in the usual course of business or for the necessities of life.
The applicant will be notified at least five business days before any proposed extraordinary expenditures,
and an accounting of such will be made to the court.
b. Q Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or
changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability,
held for the benefit of the parties or their minor children.
c. D Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the
ordinary course of business or for the necessities of life.
7. 0 PROPERTY CONTROL D To be ordered pending the hearing
a. D The petitioner respondent is given the exclusive temporary use, possession, and control of the following
property that we own or are buying (specify):
b. L:j The petitioner 0 respondent is ordered to make the following payments on liens and encumbrances coming
due while the order is in effect:
Debt Amount of payment Pay to
8. a OTHER RELIEF (specify):
AN ORDER QUASHING THE DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS
RECORDS SUBMITTED BY THE PETITIONER TO DIFFERENT BRANCHES OF BANK OF
AMERICA. THE SUBPOENA REFERENCE NUMBERS PROVIDED BY BANK OF AMERICA
END 404 AND 608. I ALSO REQUEST A PROTECTIVE ORDER TO LIMIT PETITIONER'S
ON-GOING DISCOVERY OF MY INFORMATION AND I REQUEST SANCTIONS.
NOTE: To obtain domestic violence restraining orders, you must use the forms Request for Order
(Domestic Violence Prevention) (form DV-100), Temporary Restraining Order (Domestic Violence) (form
DV-110), and Notice of Court Hearing (Domestic Violence) (form DV-109).
FL-300 [Rev. July 1, 2012]
Martin Dean's
ESSENTIAL FORMS-
REQUEST FOR ORDER Page 3 of 4

PETMONER/PLAINTIFF: Ginny L Ca CASE NUMBER:
RESPONDENT/DEFENDANT: Michael J. Caldwell D 537320 - WHM
OTHER PARENT/PARTY:
FL-300
9. La I request that time for service of the Request for Order and accompanying papers be shortened so that these documents may
be served no less than (specify number):
days before the time set for the hearing. I need to have this
order shortening time because of the facts specified in item 10 or the attached declaration.
10. 2:1 FACTS IN SUPPORT of orders requested and change of circumstances for any modification are (specify):
uci Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose.
The attached declaration must not exceed 10 pages in length, unless permission to file a longer declaration has been
obtained from the court.)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: DEC 1 8 2012
MARILY1sLANEAKLY
IR
Requests
;TYPE OR PRINT NAME!
(SIGNATURE 0
for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if
you ask at least five days before the proceeding. Contact the clerk's office or go to wwwcourts.cagovtforms for
Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civil Code, § 54.8.)
LICANT)
FL-a00 [Rev. July 1, 20121 REQUEST FOR ORDER Page 4 of 4
it l Mara Dear's
ESSENTIM FORMS"

In Re Marriage of Caldwell
Case Number: D537320
Attachment 10 to Request for Order Regarding, the Motion to Quash
and/or for a Protective Order and Sanctions
-Request-
1. I, Marilyn Weakly, request that the court quash the Deposition Subpoenas for
Business Records issued by Petitioner, Ginny L. Edmunds (formerly Caldwell), to Bank of
America, in the matter of Ginny L. Caldwell v. Michael J. Caldwell due to procedural errors
in issuing and serving the subpoenas, and because the requests are inappropriate and infringe
upon my right to privacy. I also seek sanctions to cover my legal fees and costs.
-Petitioner Continues To Seek Discovery That Impacts Me
Despite Existing Court Orders Limiting Discovery-
2. On August 30, 2011, at a hearing to quash a previous Deposition Subpoena
served on me by Petitioner, the Court limited the information I was required to provide
Petitioner.' Among the 20 items Petitioner was requesting, she requested that I produce
records from "any bank accounts in your name alone or held jointly with Michael Caldwell."
At that time the Court limited the documents I was required to produce to 1) any rent
agreements I had with Respondent and a list of any gifts I received from Respondent
exceeding $2,000 since 2009. I provided the requested information to Petitioner on October
12, 2011.
3. Only two months after the court order limited discovery of my records,
Petitioner issued a Deposition Subpoena for Production of Business Records to Bank of
America. Petitioner did not serve me with a Notice to Consumer or the underlying
Deposition Subpoena. On Saturday, November 12, 2011, I learned of this subpoena when
I received correspondence dated November 7, 2011 from Bank of America stating that they
would be producing documents on November 17, 2011. 2 On November 15, 2011, I sent an
2
See Exhibit "A": Notice of Motion and Motion to Quash dated July 8, 2011.
See Exhibit "B": Correspondence dated November 7, 2011 from Bank of America and Motion to
Quash discovery filed November 15, 2011.

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Objection by Non-Party to Production of Business Records and filed a Motion to Quash the
discovery issued to Bank of America. The court only heard part of the motions connected
to this subpoena before Petitioner agreed to withdraw her request.
4. I recently received two letters from Bank of America informing me that they
would be producing records unless they receive a court order not to do so. While both letters
are dated December 10, 2012, I just received the second letter yesterday, which provides me
little time to file this pending motion.' I requested a copy of the subpoenas from the bank
but was told that I would need to ask Petitioner for a copy. My attorney immediately sent a
letter dated December 18, 2012 asking Petitioner to withdraw the subpoenas and provide a
copy of the underlying subpoenas. My attorney also sent communication notifying Bank of
America of my objection. 4
-Petitioner's Ongoing Discovery Requests Continue to Negatively Impact Me-
5. Petitioner continues to bring me in to her litigation with Michael Caldwell. In
fact, this discovery is the fourth request sent to me in their case. For example, Petitioner
issued the following discovery:
A. On April 7, 2010, Petitioner served me with a Deposition Subpoena for
Personal Appearance and Production of Documents and Things.
Although my personal appearance was not required, Petitioner did not
inform me of this directly. I learned through Respondent's counsel that
a court order negated my need to appear;
B. On May 26, 2011, Petitioner issued a Deposition Subpoena for
Production of Business Records to me, but failed to serve this discovery
with the 15 days required notice. There were also other defects. My
attorney attempted to meet and confer unsuccessfully with Petitioner.
This subpoena resulted in my initial Motion to Quash and the August
30, 2011 discovery limitation order.
3 See Exhibit "C": Two letters from Bank of America dated December 10, 2012 regarding different
deposition subpoenas issued by Ms. Edmunds.
4
See Exhibit "D": Correspondence dated December 18, 2012 to Petitioner and Objection of Non-Party.

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C. As explained above, Petitioner issued a subpoena to Bank of America
in November 2011 for which I filed another Motion to Quash.
Petitioner agreed to withdraw her subpoena before all motions were
heard.
D. Petitioner again issued a subpoena to Bank of America without serving
me with the Deposition Subpoena and without providing me with the
Notice to Consumer.
6. Petitioner cannot claim that she was unaware that such a request may result in
the production of my records. In her response to my request for a civil restraining order,
Petitioner acknowledges that she is aware that her discovery requests to Bank of America
have impacted me. Specifically, Petitioner stated, "On one occasion, I sent a subpoena to
Bank of America to obtain bank account information for Michael. Bank of America
complied with the subpoena by sending me bank account information that included Marilyn
Weakly as a joint owner."' Thus, before she issued her subpoena to Bank of America,
Petitioner should have sent me a copy of the subpoena along with a Notice to Consumer. As
I do not yet have a copy of both subpoenas, I do not know if her request is identical to the
discovery I previously objected to last year. It is my understanding that both subpoenas may
request information back to approximately 2002.
-The Court Granted A Civil Restraining Order Against
Petitioner Due To Her Repeated Harassment-
7. Due to Petitioner's ongoing attempts to involve me in this case since July 2009,
I filed a motion for a civil restraining order. In addition to propounding discovery that
impacted my privacy on four separate occasions, Petitioner sent "warning" letters to me. In
July 2009, Petitioner sent me a letter that attacked Respondent and his family under the guise
of "warning" me. 6 The letter is replete with statements such as "I do not want to be a sore
in your life. But if he takes my girls, I will be an almost daily part of your lives forever."
Other communication stated, "... I will do anything I legally can to make it so your parents,
5
6
See Exhibit "E": See Ms. Edmunds Response to Request for Civil Harassment Restraining Orders.
See Documents provided with Exhibit "A", particularly Exhibit C.

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girlfriend and your sister all pay for their part in this scam." See page 10 of Attachment in
Exhibit "E."
8. Shortly after Petitioner sent me this letter, in August 2009 she filed a
declaration in this case raising false allegations against me. Petitioner's father also filed a
declaration falsely accusing me of conduct in September 2009. I could not subject myself
to this on an ongoing basis and moved out of my home that I shared with the Respondent.
Respondent began to pay me rent. I provided a copy of the rental agreement to Petitioner on
October 12, 2011. There is no need for Petitioner to seek my personal records, finances and
information. The discovery propounded is needlessly harassing.
9. Petitioner's conduct escalated when she kept coming to my home, staying in
my neighborhood, taking pictures/videos and going through my trash on more than one
occasion. In her response to my civil restraining order, Petitioner admitted the following:
A. That she did take videos. Specifically, she stated her excuse as, "I did
take video. It is legal." See page 2 of Exhibit "E."
B. Petitioner walked around my neighborhood and followed Ms. Caldwell.
C. Petitioner admitted coming to my house and talking to my housekeeper.
See page 11 of Attachment in Exhibit "E."
D. Petitioner admitted to two occasions when she searched my trash can.
10. After a hearing and considering all evidence, on July 18, 2012, the court issued
a Civil Harassment Restraining Order After Hearing which protects me for three years.' This
order requires that the Petitioner not harass, intimidate or contact me directly or indirectly.
She is also not able to remove trash and recycling materials from refuse and recycling
containers. She must also stay 100 yards away from me, my home, my place of employment
and my vehicle.
11. Notwithstanding this order and prior discovery issues, Petitioner again has
launched discovery which she know will lead to a release of my records and information, all
of which she did covertly without complying with discovery requirements.
7 See Exhibit "F" Civil Restraining Order After Hearing issued July 18, 2012.

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-I Have A Right To Privacy and Closure-
12. Additionally, Petitioner is posting private information on a website about my
finances. Specifically, I enclose a printout from the website "fixfamilycourtnow.org ." 8 This
website includes references to bank statements, my motions to quash, and my information.
I am concerned about Petitioner having any of my personal information and disclosing it
publically on a website.
-Court Orders & Sanctions-
13. As Petitioner again failed to provide advance notice of discovery requests to
me forcing me to incur attorney's fees to file an expedited motion, I ask that the court quash
Petitioner's discovery request for my records in it's entirety. At this time, I am aware of two
subpoenas because I received notice from my bank. I do not know if other discovery
requests have been propounded that seek my personal records. The Court has already ruled
on the issue bank or financial statements requested of me.
14. I am not a party to the action before the court. This subpoena unnecessarily
infringes upon my privacy. I ask the court to again intervene and quash the two Deposition
Subpoenas served on Bank of America as the discovery requests were 1) improperly served
and 2) seek to violate my right to privacy as a non-party to this action. I also ask that the
court sanction Petitioner for failing to provide me with a Notice to Consumer and copy of the
Deposition Subpoena for Production of Business Records. My attorney bills at the rate of
$325 hourly. I estimate that I will incur four hours for my attorney to review the
correspondence I received, contact Bank of America, prepare the objection to Bank of
America, prepare correspondence to Petitioner and to prepare this motion. I will provide an
update as to attorney's fees that I have incurred before the hearing.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed the 18 th of December 2012 in San Diego County.
Signature Via Facsimile
Marilyn Weakly
8
See Exhibit "G": fixfamilycourtnow.org printout.

-I Have A Right To Privacy and Closure-
12. Additionally, Petitioner is posting private information on a website about my
finances. Specifically, I enclose a printout from the website "fixfamilycourtnow.org ." 8 This
4 website includes references to bank statements, my motions to quash, and my information.
5 I am concerned about Petitioner having any of my personal information and disclosing it
6 publically on a website.
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-Court Orders & Sanctions-
13. As Petitioner again failed to provide advance notice of discovery requests to
me forcing me to incur attorney's fees to file an expedited motion, I ask that the court quash
Petitioner's discovery request for my records in it's entirety. At this time, I am aware of two
subpoenas because I received notice from my bank. I do not know if other discovery
requests have been propounded that seek my personal records. The Court has already ruled
on the issue bank or financial statements requested of me.
14. I am not a party to the action before the court. This subpoena unnecessarily
infringes upon my privacy. I ask the court to again intervene and quash the two Deposition
Subpoenas served on Bank of America as the discovery requests were 1) improperly served
and 2) seek to violate my right to privacy as a non-party to this action. I also ask that the
court sanction Petitioner for failing to provide me with a Notice to Consumer and copy of the
Deposition Subpoena for Production of Business Records. My attorney bills at the rate of
$325 hourly. I estimate that I will incur four hours for my attorney to review the
correspondence I received, contact Bank of America, prepare the objection to Bank of
America, prepare correspondence to Petitioner and to prepare this motion. I will provide an
update as to attorney's fees that I have incurred before the hearing.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed the 1 8 th of December 2012 in San Diego County.
Sec Exhibit "G": fixfarnilycourtnow.org printout.