Judge: Lindsey E. Martinez, Case: 2021-01228611, Date: 2022-08-01 Tentative Ruling



Plaintiff Jazzmin Wong moves for a protective order prohibiting certain matters from being inquired into and that the deposition be taken on specified terms and conditions, specifically prohibiting Defendant from seeking the identity of Plaintiff’s current employer. For the following reasons, Plaintiff’s motion is DENIED.


Plaintiff contends that Defendant’s inquiry as to the identity of Plaintiff’s current employer violates Plaintiff’s constitutional right to privacy. Where the right to privacy is asserted as a protection against discovery, the person raising the objection must establish: (1) a legally protected privacy interest, (2) an objectively reasonable expectation of privacy in the given circumstances, and (3) a threatened intrusion that is serious. (Williams v. Super. Ct. (2017) 3 Cal.5th 531, 552.) The party seeking information may raise in response whatever legitimate and important countervailing interests disclosure serves, while the party seeking protection may identify feasible alternatives that serve the same interests or protective measures that would diminish the loss of privacy. (Id., at 557.) The court must “place the burden on the party asserting a privacy interest to establish its extent and the seriousness of the prospective invasion, and against that showing must weigh the countervailing interests the opposing party identifies.” (Id.)


Here, Plaintiff has not established that she has a legally protected privacy interest in her current employer’s identity. Although Plaintiff has an interest in the confidentiality of her employment files, Plaintiff has not provided, and the Court has not found, any authority which stands for the proposition that a privacy right protects the identity of a party’s employer.


Defendant’s request for monetary sanctions is GRANTED IN PART. Plaintiff Jazzmin Wong shall pay monetary sanctions in the amount of $1,738.00 to Defendant Gigawatt Inc. within 30 days of service of notice of ruling. (Code Civ. Proc., § 2025.420.)


Plaintiff to give notice.