Facebook, Inc. v. Superior Court

Summary

The California Supreme Court held that a trial court must apply a seven-factor balancing test (the *Alhambra* factors) when ruling on a motion to quash a criminal defense subpoena duces tecum directed at a third-party social media provider like Facebook. The factors include plausible justification, adequate description, availability from other sources, privacy/confidentiality rights (including Marsy's Law victim protections), timeliness, trial delay, and burden on the third party. The court found the trial court abused its discretion by failing to consider these factors and by proceeding ex parte and under seal without adequate justification, and remanded for reconsideration with full party participation. The court declined to resolve constitutional challenges (Fifth/Sixth Amendment) or the applicability of the Stored Communications Act to Facebook's business model, as the underlying subpoena may lack good cause.

Holdings

1. The trial court abused its discretion by failing to apply the seven-factor Alhambra test when ruling on the motion to quash. The court must consider plausible justification, overbreadth, alternative sources, privacy rights, timeliness, delay, and burden on the third party.

Questions Presented

1. Whether the trial court abused its discretion in denying Facebook's motion to quash the subpoena by failing to consider and balance the seven Alhambra factors.
2. Whether the court should resolve the underlying constitutional and SCA issues.

Disposition

reversed_and_remanded