Park v. Law Offices of Tracey Buck-Walsh

John Park (plaintiff) used the Law Offices of Tracey Buck-Walsh (firm) (defendant) to represent Park’s gambling business before the California Gambling Control Commission and the federal Bureau of Gambling Control. Park terminated the firm over a billing dispute. He subsequently sued the firm for breach of fiduciary duty. He claimed that after being terminated, the firm thwarted Park’s efforts to acquire ownership interests in two casinos. Specifically, Park alleged the firm assisted Park’s competitors, disparaged Park, and used Park’s confidential information. In connection with the suit, Park issued a subpoena duces tecum, meaning a subpoena for documents or physical evidence, to the Department of Justice (DOJ). The subpoena sought production of communications and documents from the Bureau of Gambling Control’s DOJ attorneys concerning Park and the two casinos. The DOJ claimed that a computer search revealed over 600,000 potentially responsive documents that needed individual review. In July 2019, the DOJ sought an order requiring Park to pay $108,543 for costs incurred by the DOJ to date in complying with the subpoena. The referee appointed to oversee the discovery process concluded that the DOJ had not shown its claimed costs were reasonable. On the referee’s recommendation, the court ordered Park to pay $32,836. In April 2020, the DOJ filed a second motion for an order protecting it from undue expense incurred in complying with the subpoena. It sought $223,238 for an alleged 999 hours of expended manpower. The referee concluded that the DOJ had utilized overly complicated and time-consuming review methods. At the referee’s recommendation, the court ordered Park to pay $111,618.75. Park appealed that order.