2. Filing an objection or a notice of intent

California law allows a non-party to serve written objections to a subpoena under limited circumstances. E.g., Cal. Code Civ. Proc. § 1985.3(g) (subpoena duces tecum for consumer's personal records); § 1985.6(f) (subpoena duces tecum for employment records). In addition, California law provides that privileges may be preserved by a timely objection during the deposition. See Cal. Code Civ. Proc. § 2025.460. However, one California court took these provisions a step further, and held that serving objections to a "records only" subpoena sufficed to preserve the deponent's objections to the subpoena and placed the onus on the subpoenaing party to move to compel. See Monarch Healthcare, supra, 78 Cal. App. 4th at 1290. Although this case arose in the context of a "records only" subpoena, its reasoning also may apply to subpoenas seeking testimony.