Judge: Mark H. Epstein, Case: 21SMCV01627, Date: 2023-05-18 Tentative Ruling

Case Number: 21SMCV01627    Hearing Date: May 18, 2023    Dept: R

The court is likely to GRANT the application for an order setting the motion to compel.  The court will discuss dates and schedules with counsel.  However, the court does not believe that anything approaching a meet and confer has occurred, and absent such a meet and confer, the hearing is unlikely to be a pleasant one.  The court STRONGLY urges the parties to meet and confer in good faith, each armed with a legal basis for its position.  Defendant should note that the court may or may not consider evidence not presented during the deposition or during the meet and confer process in deciding whether defendant has demonstrated a prima facie case that the information sought is a trade secret as legally defined, especially in light of the protective order.  By the same token, the court is aware that the parties compete with one another, and to the extent that a showing can be made that the deposition is being used for the purposes of obtaining a leg up in competition, that is an improper purpose.  The court is (obviously) expressing no view on that at this point.