California Surveyors Forums

So I performed a survey, set property corners, and filed a corner record with the county for my client satisfying state law.
The adjoiner to my client didn't listen to what the City said, or want to listen to me pertaining the property line last year when the survey was performed.

In the City of Fremont there are a number of subdivisions where the property line goes to the exisiting face of structure, with a 5' Private Access Easement and Maintenance Easement for the adjoiner. I received a call today from a legal company trying to get my address to serve a subpoena for my records by the plaintiff, not my client. Luckily I use a mailbox service for my business address, and did not give the legal firm my address to serve me.

I understand I could be subpoenaed to represent my client in court, but what obligations do I have to deliver the plaintiff my notes when all of the mapping and legal documents I retraced are public records? I assume that I can charge the plaintiff for my time, yes?

Keith Nofield, PLS

I'm in no way an expert on the subject but I will take a stab at it. As described I don't think the subpoena would qualify as you being called to defend the client, you're being called to defend you're work, the legal obligation to deliver the plaintiff your notes lies in the fact that you are a licensed professional and offered an opinion, the notes that aided in that decision have been requested by a court of law for review to assist in their decision. As far as billable hours go, perhaps you have a clause in your contract somewhere pertaining to litigation but for face value I would think you need to eat them. I sincerely hope I am wrong and am looking forward to the forthcoming replies. Good luck.

Blake