I am returning your check #2439 that accompanied the civil subpoena you caused to be served on me. Although I appeared in response to the subpoena this morning promptly at 9:00am, you informed me upon my arrival that I was not needed as a witness, and that I was excused.
You appeared to have been aware prior to today that I would not be needed as a witness. Yet you decided not to bother to let me know that. You seemed to expect that counsel for the defense should have informed me; but they do not represent me (nor I them), and there was no reason to expect that they would contact me.
Furthermore, the subpoena I received advised me to report to 2 Embarcadero Center, Suite 1500 (which I did). Yet the arbitration was being held at 1 Sansome Street, Suite 1600, several blocks away. Your office seems to have trouble filling out forms correctly. (This reminds me of your purported deposition subpoena, the subject of our previous communications, which was accompanied by a certificate of service that did not even recite that it was served on me, among other glaring defects.)
I am sure that your clients do not condone this kind of unprofessional behavior being perpetrated in their name (or at all). As I am not acting as counsel in this matter, I am not barred from sharing this communication directly with your client, which I do by carbon copy of this letter.
Very truly yours,
/s/Robert G. Merritt
cc: Irwin Eskanos, Esq.
cc: Stephen M. Hankins, Esq.
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