Judge: Frank M. Tavelman, Case: 21GDCV00283, Date: 2023-04-14 Tentative Ruling

Case Number: 21GDCV00283    Hearing Date: April 14, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO COMPEL FURTHER DISCOVERY RESPONSE

ALLEGATIONS: 

Plaintiff Ross Felix ("Felix") filed suit against Defendants Medversant Technologies, LLC, a California Limited Company ("Medversant") and Matthew Haddad ("Haddad", and together, "Defendants"), alleging that Felix was employed by Medversant from January of 2014 to April of 2020, when Medversant terminated Felix. Felix alleges that Medversant, with Haddad as the sole manager and CEO, committed numerous labor violations against Felix and other employees during this time.

On November 15, 2021, Felix filed a Second Amended Complaint (“SAC”) alleging 12 causes of action: (1) Retaliation; (2) Wrongful Discharge; (3) Failure to Pay Wages; (4) Failure to Pay Overtime; (5) Record Violations; (6) Pay-Stub Violations; (7) Waiting Time Penalties; (8) Unfair Business Practices; (9) Failure to Produce; (10); Failure to Indemnify; (11) LC § 2699 PAGA Claims; and (12) Fraud.

On November 23, 2021, Medversant filed a Cross-Complaint (“MXC”) against Felix alleging three causes of action: (1) Breach of Fiduciary Duty; (2) Misappropriation of Trade Secrets (Uniform Trade Secrets Act); and (3) Violation of Computer Fraud and Abuse Act 18 U.S.C. § 1030 et seq.

Medversant now moves to compel Felix’s further response to Medversant’s Request for the Production of Documents Set Two.

HISTORY: 

On March 14, 2023, Medversant filed its motion to compel further responses. On April 3, 2023, Felix filed his opposition. On April 5, 2023, Felix filed his own motion to compel further discovery responses. On April 7, 2023 Medversant filed their reply to Felix’s opposition.

RELIEF REQUESTED:

Medversant requests Felix be ordered to issue further responses to Medversant’s Request for the Production of Documents Set Two. Medversant also requests sanctions be granted in the amount of $2,160.

Medversant specifically requests further responses to the following document requests :

22: Please produce YOUR UCLA Anderson School of Management MBA Thesis.

23: Please produce any and all DOCUMENTS that refer to, relate to, or evidence YOUR UCLA Anderson School of Management MBA Thesis.

24: Please produce any and all DOCUMENTS that refer to relate to, or evidence your preparation and research for YOUR UCLA Anderson School of Management MBA Thesis.

25: Please produce any and all DOCUMENTS that refer to, relate to, or evidence your school transcript of classes YOU have taken at UCLA Anderson School of Management.

26: Please produce any and all DOCUMENTS that refer to, relate to, or evidence YOUR assignments submitted for grade in Management 295C at UCLA’S Anderson School of Management.

27: Please produce any and all DOCUMENTS that refer to, relate to, or evidence YOUR coursework in Management 295C at UCLA’s Anderson School of Management.

28: Please produce any and all DOCUMENTS that refer to, relate to, or evidence communications with venture capitalists, potential partners, potential shareholders, or business investors while attending UCLA Anderson School of Management.

29: Please produce any and all DOCUMENTS that refer to, relate to, or evidence YOUR correspondence with venture capitalists, potential partners, potential shareholders, or business investors after YOUR graduation from UCLA Anderson School of Management.

30: Please produce any and all DOCUMENTS that refer to, relate to, or evidence YOUR correspondence with Wipro Ventures.

31: Please produce any and all DOCUMENTS that refer to, relate to, or evidence YOUR correspondence regarding credentialing with anyone other than Medversant Employees from January 1, 2020, to present.

32: Please produce any and all DOCUMENTS that refer to, relate to, or evidence discipline or a school’s withdraw of an educational degree YOU received, as a result of plagiarism.

33: Please produce any and all DOCUMENTS that refer to, relate to, or evidence that YOU used YOUR company-issued laptop to engage in sexual activity during your employment at Medversant Technologies, LLC.

34: Please produce any and all DOCUMENTS that refer to, relate to, or evidence that YOU used third party software to delete and conceal the data on the hard drive installed in your company issued laptop before returning the equipment to Medversant Technologies, LLC.

ANALYSIS: 

The Court notes both Felix and Medversant have scheduled motions to compel further discovery response. Felix’s primary objection to the above document requests is that Medversant has not sufficiently identified the trade secret it alleges Felix misappropriated. Felix argues Code of Civil Procedure §2019.210 requires Medversant to identify the trade secret with particularity before commencing discovery. Code of Civil Procedure §2019.210 reads as follows:

“In any action alleging the misappropriation of a trade secret under the Uniform Trade Secrets Act (Title 5 (commencing with section 3426) of Part 1 of Division 4 of the Civil Code), before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code.”

Medversant argues they have appropriately identified the trade secret pursuant to Code of Civil Procedure §2019.210. Medversant argues the law does not require they identify the trade secret with exacting detail. Medversant further argues these document requests speak to their cause of action for violation of the Computer Fraud and Abuse Act, not just trade secret appropriation.

In his opposition, Felix asks that that motion be continued to May 5, 2023 so it may be heard alongside his own motion to compel further. Felix also notes he provided responses to those requests not related to trade secrets, stating he conducted a search but could not find any relevant documents.

The Court finds both Felix and Medversant’s motions to compel further discovery center around the legal determination that Medversant has sufficiently identified the trade secret at issue. While there are other legal issues, they remain ancillary to the determination on trade secret identification. As such, the Court orders Medversant’s motion continued to May 5, 2023, so it may be heard along with Felix’s motion to compel further responses.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

Medversant Technologies’ Motion to Compel Further Discovery Response came on regularly for hearing on April 14, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO COMPEL FURTHER DISCOVERY RESPONSE IS CONTINUED TO MAY 5, 2023. 

UNLESS ALL PARTIES WAVE NOTICE, PLAINTIFF IS TO PROVIDE NOTICE.

IT IS SO ORDERED. 

DATE:  April 14, 2023                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles