The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary Arts, Inc. (Sallie Mae) (August 27, 2014, B250600) Cal.App.4th (2014 WL 4793703), the court defined subpoenaed parties’ obligations to extract existing data from computer systems and upheld an award of attorneys’ fees against the recalcitrant third party. The court concluded that it is unreasonable for a third party to withhold ESI that exists in its computer systems on the basis that outputting the ESI entails creating a “new” spreadsheet.
Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face SanctionsBy W. George Wailes
“It comes down to this,” said Hayley Schafer, 30. “Is there anything else I’d be happy doing? No. Is there any way around paying off the loans? No. So, what the heck? A lot of it is just trying to put it out of your mind and maybe it’ll disappear.”
Schafer has more than $312,000 in educational debt and earns just $60,000. She must be a lawyer, right?
But Schafer’s not a lawyer or law school graduate. What does she do? The answer might surprise you….
You may recall that back in 2011, before all of the law school litigation came into being, the California Culinary Academy (CCA) was hit with a multi-million dollar class action lawsuit filed by its graduates. The allegations contained therein — misleading job data, high tuition, and difficulty finding jobs after graduation — were very, very similar to those found in the law school lawsuits we revel in covering. Unlike the law schools that are currently under fire, the CCA offered to settle the case for $40 million, and that settlement was approved and entered as a final judgment this summer.
While the only law school lawsuit that’s come anywhere close to CCA’s status has been Alaburda v. Thomas Jefferson School of Law — currently in discovery, where all sorts of interesting stuff has been unearthed — law school plaintiffs may have another avenue to explore, thanks to yet another lawsuit that’s been filed by CCA graduates. This time, the bitter would-be cooks are out for blood against the very company that funded their failed culinary education.
That’s right, Sallie Mae is being sued for handing out private loans with “credit-card interest rates” like candy — really expensive, life-ruining candy. When will law school graduates do the same thing?
I write about law school debt, often and passionately, because at the end of the day there are real productive people who are getting ruined by taking out more money than they can reasonably pay back. Not all of these people are “deadbeats,” and not all of these people are too stupid to understand a loan agreement. Many of them are people who simply thought that in America education was the path to upward mobility.
But unfortunately, in America today, education is also the path towards financial instability, or even disaster. People who take the shot at bettering themselves through education can easily find themselves with bad jobs and a mountain of debt that will take decades to pay off.
It’s not just happening to kids. The New York Times had a big article yesterday that highlighted all of the parents who have taken loans out for their children’s education and now can’t pay off the loans. And since we’re talking about parents, we’re dealing with people who maybe don’t have decades to get their financial houses back in order.
In one shocking case, a man took his own life; in the suicide note, he said: “I can’t even answer the phone in my own home no more. I can’t live like this no more.”…