Opinion
S245203
08-14-2019
FACEBOOK, INC. v. S.C. (TOUCHSTONE)
D072171 Fourth Appellate District, Div. 1
Supplemental briefing ordered
Having received and considered the parties' briefs in response to this court's order of July 10, 2019, endorsing or acquiescing in the prospect of this court taking judicial notice and unsealing, we hereby:
(1) Take judicial notice of the underlying preliminary hearing transcript of September 29, 2016, and related exhibits. (Evid. Code, §§ 459, subd. (c), & 455, subd. (a).)
(2)(a) As to the parties, unseal the entirety of the April 21, 2017, declaration and all related exhibits, which in turn quote from and present copies of public social media posts and conditionally confidential probation reports. (Cal. Rules of Court, rule 8.46(f)(3).) This court's clerk's office is directed to transmit an electronic copy of that full declaration and all exhibits to the parties. (b) As to all others, the passages of the declaration and related exhibits that quote from and present copies of the public social media posts are unsealed; but the passages of the declaration and related exhibit that quote from and present copies of the probation reports are and remain sealed.
In light of the above actions, and consistently with our July 10, 2019, order, the parties are directed to serve and file briefs addressing (A) whether the underlying subpoena is supported by good cause, and (B) whether the trial court's denial of the motion to quash the subpoena should be vacated and the matter remanded to the Court of Appeal with directions to remand to the trial court for further proceedings regarding the motion to quash. The parties are also free to discuss what other disposition might be appropriate.
In addressing the good cause question, the parties are to specifically consider, among any other relevant good cause factors: (i) whether in light of the preliminary hearing transcript and related exhibits, and the above-referenced declaration and exhibits, defendant's subpoena seeking all of Jeffrey Renteria's private messages and restricted social media communications is supported by a “plausible justification” to acquire those documents; (ii) whether the request for all of Renteria's Facebook communications from inception of his account to March 16, 2017, is overbroad; (iii) whether, under these circumstances, defendant made adequate efforts to locate and subpoena Renteria (or others) directly and attempt to acquire the communications from him (or them) instead of resorting in the first instance to Facebook; and (iv) whether, under these circumstances, Renteria's privacy or constitutional rights would be impaired or violated by enforcement of the underlying subpoena, or a subpoena served on him.
Each party shall serve and file an initial brief by September 4, 2019. Any party may serve and file a response brief within 21 days of the timely filing of the above-described briefs. Thereafter, any amicus curiae may serve and apply to file a brief within 14 days of the timely filing of the above-described response briefs. Finally, each party may file a response brief within 14 days of the timely filing of any amicus curiae brief.